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09-11-84SpMtg SEPTEMBER 11, 1984 A Special Meeting of the City Council of the City of Delray Beach, Florida, was called to order by Vice-Mayor Jimmy Weatherspoon in the Council Chambers at City Hall at 5:10 P.M., Tuesday, September 11, 1984. Roll call showed: Present - Council Member Malcolm T. Bird Council Member Marie Horenburger Council Member Arthur Jackel Vice-Mayor Jimmy Weatherspoon Absent - Mayor Doak S. Campbell Also present were - City Manager James L. Pennington, and City Attorney Herbert W.A. Thiele. Vice-Mayor Weatherspoon called the meeting to order and announced that this meeting has been called for the purpose of (1) holding a Public Hearing and considering passage of Ordinance No. 38-84 on Second and Final Reading - Rezoning, Conditional Use, Site and Deve- lopment Plan Approval (Gulfstream Building); and (2) considering 18 month extension of conditional use and site plan approval for Old Harbour. 1. The City Manager presented Ordinance No. 38-84: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ZONING AND PLACING LAND WHICH IS PRES- ENTLY ZONED RM-10 (MULTIPLE FAMILY DWELLING) DISTRICT, IN SAD (SPECIAL ACTIVITIES) DISTRICT, BEING A 1.39 ACRE PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF N.E. 8TH STREET AND ANDREWS AVENUE, SAID LAND BEING IN SECTION 9, TOWNSHIP 46 SOUTH, RANGE 43 EAST, GRANTING CONDITIONAL USE AND SITE AND DEVELOPMENT PLAN APPROVAL AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1983". (Copy of Ordinance No. 38-84 is on file in the official Ordinance Book) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mr. Robert Maas, Attorney for Gulfstream Building Limited Partnership, stated that they have been before Council several times and everyone is aware of the changes they intend to make in the building. Mr. Robert Stump, speaking on behalf of the Coalition for Good Government, stated that they do not object to the changing from a medical to a professional building nor do they object to a parking variance or their using the present structure on the roof as it is. What they do object to is the addition of 3400 sq. ft. to the existing 600 sq. ft. fifth story. They feel that approving this would break faith with the citizens who supported the height ordinance and would set a bad precedent encouraging other similar requests. They ask that this application be denied. Mr. Scott Tiernan, President of Donald Allmon & Co., stated that the building is ugly and decaying and the applicant is offering something which will beautify it. The issue is not height because that was already approved by the Board of Adjustment; the issue tonight is use. He hopes Council realizes that what is being requested is some- thing that will benefit and improve the community. Mr. Joseph Bell, 140 Venetian Drive, noted that when this was discussed by the Board of Adjustment, it was brought up that the applicants are being hurt financially. He feels the matter of hardship is invalid and Council should either take the matter to Court or deny the rezoning. Mr. John Pitts, 1109 Beach Drive, stated that the architect invited him to look at the plans more carefully and he still does not like the appearance of the building. He feels it is similar to the heavy building which was put in to the north of the old Talbot building. If Council cannot turn down the fifth floor, he suggests they deny the rezoning or approve the rezoning without the fifth floor. The public hearing was closed. Mr. Jackel stated that if they approve the rezoning to SAD, in effect they will be approving the addition of one floor which will be breaking the height ordinance and setting a bad precedent. They can expect a rash of requests for greater height on the basis of hardship. Mrs. Horenburger stated that the last time they discussed this she made the motion to approve this project the way it is. She believes that the improvements will benefit the whole City. They are talking about the expansion of the fifth floor, not the creation of one. Mrs. Horenburger moved for the adoption of Ordinance No. 38-84 on Second and FINAL Reading, seconded by Mr. Bird. Upon roll call Council voted as follows: Mr. Bird - Yes; Mrs. Horenburger - Yes; Mr. Jackel - No; Vice-Mayor Weatherspoon - Yes. Said motion passed with a 3 to 1 vote. 2. Mr. Jackel moved for approval of the 18 month extension of the conditional use and site plan for Old Harbour, a condominium which will be located on Linton Boulevard next to the Intracoastal, seconded by Mr. Bird. Said motion passed unanimously. Before roll call, upon question by Mr. Bird, Mr. Wallin, P&Z Board, stated that he does not know why Mr. Vislocky dissented on this extension. At this point the roll was called to the motion. Vice-Mayor Weatherspoon declared the meeting adjourned at 5:30 P.M. ( // City C'lerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach and that the information provided herein is the minutes of the meeting of said City Council of September 11, 1984, which minutes were formally approved and adopted by the City Council on~~ ity Clerk - NOTE TO READER: If the minutes that you have received are not completed as indicated above, then this means that these are not the official minutes of City Council. They will become the official minutes only after they have been reviewed and approved which may involve some amendments, additions, or deletions to the minutes as set forth above. - 2 - 09/11/84