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11-08-77SpMtg NOVEMBER ~, 1977 A Special Meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:00 P.M., Tuesday, November 8, 1977, with Mayor James H. Scheifley presiding and City Manager J. Eldon Mariott, City Attorney Roger Saberson and Council members Robert D. Chapin, David E. Randolph, Aaron I. Sanson, IV., and Leon M. Weekes, present. The Lord's Prayer and the Pledge of Allegiance to the flag of the United States of America were recited in unison. Mayor Scheifley stated the Special Meeting was called for the purpose of holding a Public Hearing on the Comprehensive Rezoning as a result of the work on the Land Use Plan and the recommendations of the Planning and Zoning Board and for the purpose of hearing the out- put of the citizenry in reaction to the plan. There will be another Public Hearing at 7:00 P.M., November 22, 1977, in Council Chambers. At that time the ordinance putting into effect the rezonings will be acted upon. The City Manager presented Ordinance No. 75-77. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO THE MUNICIPAL HOME RULE POWERS ACT, SECTION 166.041 (3) (c) 2, LAWS OF FLORIDA 1977, CHAPTER 77-331, REZONING 74 PARCELS OF REAL PROPERTY IN THE CITY OF DELRAY BEACH, IN IMPLEMENTATION OF THE CITY OF DELRAY BEACH MASTER LAND USE PLAN MAP, ADOPTED JUI~E 27, 1977; AMENDING SECTION 29-2A OF THE ZONING ORDINANCE OF TPIE CITY OF DELRAY BEACH BY ADOPTING A NEW OFFICIAL ZONING MAP; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. The City Manager read the caption of the ordinance. Mayor Scheifley stated that during the past several weeks the City has received from 75 to 100 letters from members of the public who have an interest in this plan. These letters have been duplicated for the City Council members, the Planning & Zoning Board and the Planning Director and will be made a part of the record of this hearing by reference only. Mayor Scheifley advised that discussion will be had concerning the parcels in the N. E. Quadrant (Map $4) bounded on the east by the Atlantic Ocean; on the south by Atlantic Avenue; on the west by 1-95 and on the north by a broken line running parallel to Gulfstream Boule- vard. Concerning Parcel $55, Elaine W. Roberts, 312 N. Swinton Ave- nue, spoke protesting the zoning change from RM-15 to R-lA and pre- sented a petition signed by residents of the area asking for a RM-6 classification. victor Ledbetter, 214 N. Swinton Avenue, and Daniel Meadows, 212 N.W. 1st Avenue, also spoke to Parcel $55 opposing the zoning change. The consensus of Council was 3 to 2 in favor of sustaining the recommendation of the Planning & Zoning Board. Mrs. Groves, 621 Andrews Avenue, and Barbara Esten, 1201 Crestwood Drive, spoke in support of the zoning changes in Parcels ~63-67. Mayor Scheifley stated discussion would be had concerning parcels in the S. E. Quadrant (Map ~3) bounded on the north by Atlantic Avenue; on the east by the Atlantic Ocean; on the south by the C-15 Canal and on the west by 1-95. Marion MacLeod, 2717 Florida Boulevard, Chairman of and speaking for the Tropic Bay Zoning Survey Committee, spoke to Parcels ~20, ~22 and ~23. Mrs. MacDeod stated she is in favor of the change on Parcel ~20 from RM-15 to RM-10 but opposed to changing the zoning on Parcels ~22 and ~23 from RM-15 to SC. Mrs. MacLeod presented to Council a 14 page petition which will be made a part of the file. Mrs. MacLeod stated the main objections to the rezoning are as follows: (1) property values will decline; (2) increased traffic in the area; (3) noise and nuisance; (4) LaMat Boulevard is the only entrance to Tropic Bay; (5) safety of the citizens; and (6) aesthetics. Robert G. Fellows, attorney, Delray Beach, speaking for Ralph Buick, gave a brief history of the acquisition and prior zoning of the Buick property in Del-Raton Park (Parcel ~22). Mr. Fellows stated he is in favor of the zoning change to SC. Mr. Frank Carey, Chairman of the Planning & Zoning Board, spoke concerning Parcel ~22 and explained that the Buick property is divided by Avenue E, which has not been abandoned by the City. This is a commercial enterprise which backs out onto Florida Boule- vard containing a body shop and parking lot. A Unity of Title has been recorded on this property. Mr. Andrew Stad, Apt. ~225, Tropic Bay, asked for clarification of the fact that Ralph Buick is using property zoned RM-15 for a com- mercial use; it was explained by Mr. Carey that at the time Mr. Ralph built on his property in 1972, the property was zoned C-2. When the Land Use Plan was subsequently adopted in 1972, the back portion of this property was rezoned to RM-15. Mr. Samuel Cohen, 2649 Florida Boulevard, Tropic Bay, inquired as to whether or n~t the City could give a commercial rating to this property with restrictions so that the use could only be to the ex- tent that Ralph Buick is using it now. The City Attorney replied that the City could not; the commercial zoning classifications that the City has are not restricted and do not give the Council the right to restrict the uses thereof. After considerable discussion, the consensus of Council was: 2 - in favor of sustaining the recommendation of the Planning & Zoning Board; 1 - opposed; and 2 - will make a decision at the November 22, 1977 meeting. Frank Noble, 1807 Spanish Trail, President of and speaking for the Tropic Isle Civic Association, advised that he wanted to go on record as opposed to the proposed zoning changes on Parcels ~22 and ~23 from RM-15 to SC. Mr. Snow, 2243 Florida Boulevard, and George Detlinger, 900 Dogwood Drive, Tropic Bay, spoke in opposition to the rezoning on the above mentioned parcels. When questioned about the reasoning for changing the zoning on Parcel ~23, Mr. Carey stated that directly to the south of this parcel is a parking lot, a commercial enterprise. Down further there - 2 - 11/8/77 is a group of trucks parked owned by Atlantic Refrigeration, and looking west there is another shopping center being constructed,all in the County. Also the Volkswagen agency comes right out to Florida Boulevard. This is basically a commercial area in the County, with the exception of one apartment house. With reference to Parcel ~23, majority of Council was in favor of retaining the RM-15 classification. Harry Shulte, 304 E. 5th Street, Cahokia, Ill., spoke concerning Parcel ~17 (Tropic Isle Harbor Shopping Center). He stated all the owners of these lots (approximately 35) have gotten together and are willing to sell this piece of property as one lot. Mr. Shulte stated he is opposed to this zoning and would like to see it go back to the original commercial zoning classification as this is about the only way it can be sold. A. D. Bessemer, 1801 N.E. 54th Street, Ft. Lauderdale, Fla., Vice President, Tropic Isle Harbor Shopping Center, also spoke op- posing the zoning on this property, clarifying Mr. Shulte's remarks. Majority of Council was in favor of sustaining the recommenda- tion of the Planning & Zoning Board concerning Parcel ~17 to rezone from RM-15 to RM-10. Albert Marinello, 632 S. W. 14th Street, Boca Raton, Fla., spoke concerning Parcel ~19 opposing the zoning from RM-15 to RM-10 and gave a brief history of the acquistion of his property. Mr. Marinello stated he has been reduced to duplex zoning and this is not consistent with the surrounding zoning, resulting in a financial hardship. Rudolph A. Brodman, 203 Everglades Boulevard, Stuart, Fla., stated the other three lots in Parcel ~19 not owned by Mr. Marinello are owned by his wife, Mary Oakes Brodman, and this rezoning will result in a great economic loss. It was the unanimous vote of Council to sustain the recommen- dation of the Planning & Zoning Board. William Nichols, Lantana, Fla., spoke concerning Parcel ~27, which is 1800 feet along and 100 feet from, the FEC Railroad and felt no one would want to develop this area as residential RM-10 along the railroad. Mr. Weekes stated he would like to see the City or the County purchase this parcel as a further addition to Miller Park and advised he would pursue this matter and stay in touch with Mr. Nichols. Council unanimously sustained the recommendation of the Plan- ning and Zoning Board to rezone this parcel from RM-15 to RM-10. Paul Walton Ledridge, Realtor, Delray Beach, spoke concerning Parcel ~48 opposing the rezoning from LC to RM-15, asking for it to be retained as LC. Mr. Ledridge stated it will destroy the value of the last two pieces of property where there is every chance of high class commercial development east of the Waterway. Neil MacMillan, Attorney, Delray Beach, and Nick Sloan, Jr., 324 N. W. 15th Street, spoke in opposition to the change in zoning on this parcel. Mr. MacMillan requested that his letter to the City Council be entered into the record of the minutes of this meeting. - 3 - 11/8/77 Mrs. William Matthews, 1024 White Drive, spoke in favor of changing the zoning on this parcel because of the possibility of what might be built on this property, i.e., a fast food service. It was the consensus of Council to sustain the recommendation of the Planning & Zoning Board on Parcel ~48. Taylor Soper, 60 Venetian Drive, and Dorothea Montgomery, Venetian Drive, spoke concerning Parcel ~48a in favor of the recom- mendation of the Planning & Zoning Board for a RM-15 zoning from GC. Mrs. Ernest Steiner, who owns property on Bucida Road, spoke in favor of the rezoning on Parcel ~48b from R-1AAA to RM-15. Upon question by Council, Mr. Carey explained that all the property except for two lots on the north side of Bucida Road is developed as either condominiums or rental apartments. It was the unanimous decision of Council to sustain the recom- mendation of the Planning & Zoning Board. Mr. John K. Brennan, Boca Raton, Fla., spoke to the rezoning of Parcels ~29, ~30, ~31, ~32 and ~33. As concerns Parcel ~32 and the rezoning from SC to CC, Mr. Brennan stated he has no objection to the CC claissification; however, he does request that the City let this go until such time as the City changes the CC zoning to allow certain uses that are important, i.e., financial institutions includ- ing drive-in facilities. As concerns Parcel ~29 which is presently zoned RM-15 and proposed for PRD-10, he would like to see a RM-10 instead of PRD-10 due to the type of land he is developing in which he does not think single family would mix. He requested that he be given the RM-10 classification and allow him to develop the property for the type of soil and layout. As to the property lying between 1-95 and Lindell Boulevard, he suggested the City take the two par- cels of PRD-10 and change them to PRD-4 with the stipulation that R-lA would also go under PRD-4 which would reduce density some 125 units, giving him the ability to plan the whole area residentially with a buffer zone of apartments along 1-95. After discussion, it was the consensus of Council that as concerns Parcels ~32 and ~33 the Planning and Zoning Board and the City Attorney are to work on amending the CC Ordinance to include certain uses as outlined by Mr. Brennan. With regard to Parcels ~29, ~30 and ~31, Council wishes to table and refer to the Planning and Zoning Board. The City Attorney will advise if readvertising will be necessary. .... ~ It is noted that Councilman Randolph left the meeting at 11:00 P.M. Rob Dittman, Attorney with Gringle, Spinner & Dittman, Delray Beach, representing Metropolitan Trust, landowner in Parcel ~25a lo- cated at the northwest corner of the intersection of A1A and Del Haven Drive, spoke opposing the rezoning from RM-15 to R-1AA. Mr. Dittman stated this piece of property is surrounded by condominiums, hotel- motel and City's beach parking lot. Mr. Carey explained that presently from this particular piece of property north there is one multi-family unit and one lot is zoned' RM-6, but everything else on that strip is single family except for the parking lot,which incidentally is zoned R-1AAo South of that point you then get into the multi-family zone and this subject property happens to be sitting at the break. - 4 - 11/8/77 Mr. Bill DeCamara, Realtor, Delray Beach, pointed out that there is a 24 unit condominium, a two unit apartment and one vacant lot adjoining the public parking lot and the proposed zoning just does not make sense. Mr. Carey concurred and the consensus of Council was to table this and refer it back to the Planning and Zoning Board. C. R. Bingham, 1160 Alhambra Circle, Coral Gables, Fla., spoke to Parcel ~47 wanting to clarify the fact that the Planning and Zoning Board has removed his property from the proposed zoning and it will remain RM-10. Council sustained the recommendation of the Plan- ning & Zoning Board as regards the Bingham piece in Parcel ~47, leaving it RM-10 and not rezoning to R-1AA. Robert Mackle, 278 Sea View Drive, Key Biscayne, Fla., repre- senting Mackle Development Corporation which is building in Tropic Bay, spoke to Parcel ~21. Mr. Mackle advised that if the City rezones this property from RM-15 to R-1AAB they will not have sufficient depth to develop this area as planned. They could go with a RM-6 classification which would permit duplexes. After discussion as to whether this property is a part of the original site plan or only a part of the common ownership of the condominium documents, it was the consensus of Council to table this matter to resolve the legal questions and refer it back to the Plan- ning & Zoning Board. Mr. Mackle was advised to meet with the Planning and Zoning Board at their meeting on November 15, 1977. The City Attorney reiterated that the second Public Hearing on these rezonings will be held on November 22, 1977, at 7:00 P.M., in Council Chambers. Mr. Chapin moved for the adjournment of the meeting, seconded by Mr. Weekes, said motion passed unanimously. The meeting adjourned at 11:32 P.M. · ~City Clerk APB~OVED: .~'The undersigned is the City Clerk of the City of Delray Beach and that the 'i'~f~'rma~t~'~:~%~z.~i~.~g~r~9~2n is the minutes of the meeting of said City Council of November 8, 1977, which minutes were formally approved and adopted by the City Council on ~~. ~ /~?~ . City 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 the City Council. They will be- come 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. - 5 - 11/8/77