90-91 VOID - SEE 12/3/91
ORDINANCE NO. 90-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1AA (SINGLE FAMILY RESIDENTIAL)
DISTRICT AND R-1AA-B (SINGLE FAMILY RESIDENTIAL)
DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND LYING
AND BEING IN SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING
DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the OS (Open
Space) District, as defined in Chapter Four of the Land Development
Regulations of Delray Beach, Florida, to-wit:
Tract A (Less OR 6145, Page 1395} and Tract B (Less OR
3183, Page 1155 and OR 5417, Page 724), according to
the Plat of Lakeview, recorded in Plat Book 30, Pages
10 and 11, of the Public Records of Palm Beach County,
Florida, together with:
A parcel of land in Section 24, Township 46 South,
Range 42 East, City of Delray Beach, Palm Beach
County, Florida, known as the Lake in Lakeview
Subdivision, being more particularly described as
fo 1 lows:
Beginning at the Southeast corner of Lot 2, Block 4,
Lakeview, according to the Plat thereof, as recorded
in Plat Book 30, Pages 10 and 11, of the Public
Records of Palm Beach County, Florida, and the Point
of Beginning; thence South 44o43'40'' east a distance
of 63.93 feet; thence due south a distance of 240.02
feet; thence North 89o27 28" west a distance of 200.00
feet; thence North 59o27 28" west a distance of 260.00
feet; thence North 89o27 28" west a distance of 740.00
feet; thence South 60o32 32" west a distance of 85.00
feet; thence North 82o41 52" west a distance of 318.72
feet; thence South 45o16 17" west a distance of 176.00
feet; thence North 89o27 28" west a distance of 60.00
feet; thence North 51o27 32" west a distance of 65.00
feet; thence due north a distance of 200.00 feet;
thence north 45o16'17'' east a distance of 63.33 feet;
thence south 89027'28'' east a distance of 1700.00 feet
to the Point of Beginning.
The above described parcel contains 48.00 acres more
or less.
The subject property is located west of Dover Road
between Lakeview Boulevard and Linton Boulevard,
Delray Beach, Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
VOID - SEE 12/3/91
VOID - SEE 12/3/91
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the ~ day of , 1991.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
-2- Ord. No. 90-91
VOID - SEE 12/3/91
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appeared Nancy ~rnlLh Insid~ Sn, lns Mn.n- 0~ ,.s a.o
a,ger of The News, d'n, ily newgpn, pm'g I-Ih- ~,.~Es ~ ~.E c~w o~
lished 111 ~oea ~,al,oll JH Pa. im Ben.ch (Jo~]nl.V .c.,.o ~ ~;,.,.,~
THE CITY ~ DEL~Y BEACH,
~GTS ~S ~ c0.om~,c
CENT~ BUSINE~ DISTRICTS;
PROVIDING A GENIAL REPEAL-
~ ]~ ~ ~ ER C~USE; PROVIDING AN EF-
· . FE~IVE ~TE.
AN ORDINANCE OF THE CITY
~I~ION OF THE ¢1~ O~ DELRAY
B~¢H, FLORIDA,
THE ZONINO ¢~IFI~TION ,FOR
~ND LYI~ AND ~EIN~
TI~ ~ TO~SHIP
RANOE ~ EAST, PA~
Affia, D[ fu['b[ler RR.~R l, ha, l. The News in n, cou.r~. F~O.,O~ F.~ ..~
. (SINGLE F~ILY RESI~NTIA~
newspaper published ill Boca, H,a,l,oll ill sa, id o,m,=,o c~ (C~UN,t~
~ ClLIT[E$) DISTRICT; ~iD ~ND IS
L~TED O~ THE WEST S~DE 0F
Palm Beach County, Florida, Mondn, y SW,.T~ ~v~,ut,
~O~ ~ ~ ~L~Y lEACH,
second alas8 matt, er a,l; l, he posl, office in ~u~ ~; ~
~ REELER ~USE;
Boca fi, al;on Palm B~,cI~ (~o~nl,y, P'loritl~,, ~'~ ~ ~v,~.~se
for a, period of one ye~,r next, precerlin~ l, hn
first, publical, ion of l, he a,l,l,ael~ed copy
~dvertisement,; and a, rfia, r~l, [~]rl, her ~a,.ys I,ha, l,
he h~s neil, her pairl nor prr)mi~erl any
person, firm or corporal, ion ~,ny
rebate, commission or faR,nfl for l, hn
pose of sect]ring l;his a, dverl, isemm~t for
]ic8,Uon in s~,id newspa,p~rs.
My Commission expires
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/~
SUBJECT: AGENDA ITEM # ~ - MEETING OF DECEMBER 3, 1991
ORDINANCE NO. 90-91
DATE: NOVEMBER 26, 1991
This is first reading of an Ordinance rezoning the Lakeview Golf
Course property from R-1AA and R-1AA-B (Single Family
Residential) zoning districts to OS (Open Space) zoning district.
There is an inconsistency between the Future Land Use Map and the
Zoning Map. The Commission has declined to alter the Land Use
Map; therefore, the Zoning Map must be altered. If the
inconsistency is not resolved, no development can occur on the
golf course property; however, a compromise solution has not been
devised.
The Planning and Zoning Board formally reviewed this item during
its consideration of Plan Amendment 91-1 and the concurrent
rezoning action. The Board recommended that the Future Land Use
Map be changed and that the zoning remain as it is.
A detailed memorandum and letter from the owners of the Lakeview
Golf Course are attached as backup information.
Recommend approval of Ordinance No. 90-91 on First Reading.
ORDINANCE NO. 90-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED R-1AA (SINGLE FAMILY RESIDENTIAL)
DISTRICT AND R-1AA-B (SINGLE FAMILY RESIDENTIAL)
DISTRICT IN OS (OPEN SPACE) DISTRICT; SAID LAND .LYING
AND BEING IN SECTION 24, TOWNSHIP 46 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED HEREIN; AND AMENDING "ZONING
DISTRICT MAP, DELRAY BEACH, FLORIDA, 1990"; PROVIDING
A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the City
of Delray Beach, Florida, is hereby rezoned and placed in the OS (Open
Space) District, as defined in Chapter Four of the Land Development
Regulations of Delray Beach, Florida, to-wit:
Tract A (Less OR 6145, Page 1395) and Tract B (Less OR
3183, Page 1155 and OR 5417, Page 724), according to
the Plat of Lakeview, recorded in Plat Book 30, Pages
10 and 11, of the Public Records of Palm Beach County,
Florida, together with:
A parcel of land in Section 24, Township 46 South,
Range 42 East, City of Delray Beach, Palm Beach
County, Florida, known as the Lake in Lakeview
Subdivision, being more particularly described as
follows:
Beginning at the Southeast corner of Lot 2, Block 4,
Lakeview, according to the Plat thereof, as recorded
in Plat Book 30, Pages 10 and 11, of the Public
Records of Palm Beach County, Florida, and the Point
of Beginning; thence South 44043'40" east a distance
of 63.93 feet; thence due south a distance of 240.02
feet; thence North 89027'28'' west a distance of 200.00
feet; thence North 59o27'28'' west a distance of 260.00
feet; thence North 89o27'28'' west a distance of 740.00
feet; thence South 60o32'32" west a distance of 85.00
feet; thence North 82o41'52'' west a distance of 318.72
feet; thence South 45o16'17" west a distance of 176.00
feet; thence North 89o27'28'' west a distance of 60.00
feet; thence North 51o27'32'' west a distance of 65.00
feet; thence due north a distance of 200.00 feet;
thence north 45o16'17'' east a distance of 63.33 feet;
thence south 89o27'28'' east a distance of 1700.00 feet
to the Point of Beginning.
The above described parcel contains 48.00 acres more
or less.
The subject property is located west of Dover Road
between Lakeview Boulevard and Linton Boulevard,
Delray Beach, Florida.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, change the Zoning District Map of
the City of Delray Beach, Florida, to conform with the provisions of
Section 1 hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence or word be
declared by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a
whole or part thereof other than the part declared to be invalid.
Section 5. That this ordinance shall become effective imme-
diately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the __ day of , 1991.
MAYOR
ATTE ST:
City Clerk
First Reading
Second Reading
-2- Ord. No. 90-91
C I TY COMM I S S I ON DOCUME NTAT I ON
TO: DAVID T. HARDEN, CITY MANAGER
FROM: DAVID J. KOVACS, D~RECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 3, 1991
REZONING ORDINANCE, FIRST READING, LAKEVIEW GOLF COURSE
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading of an ordinance which will rezone
property known as the Lakeview Golf Course and a lake within
the Lakeview Subdivision from R-1AA and R-1AAA-B to Open
Space (OS).
Because this is a City initiated rezoning of private
property, it is necessary to provide a thirty (30) day
written notice to affected property owners. Thus, second
reading and public hearing will be held in January, 1992.
BACKGROUND:
This item is well known to City Commissioners. A brief
chronology follows:
1. Prior to adoption of the Comprehensive Plan, the property
was identified as residential (there was not an open space
category on the Future Land Use Map).
2. In November, 1989, upon adoption of the Comprehensive Plan,
the property was designated as Open Space on the Future Land
Use Map.
3. In bringing the (then) existing zoning into compliance with
the newly enacted Future Land Use Map, the property was
proposed for OS zoning in 1990.
4. At the LDR (zoning map) adoption hearing, the City
Commission in response to an objection by the owner of the
Golf Course, did not rezone the property. This created an
inconsistency with the Future Land Use Map. The City
Commission directed that a change to the Land Use Map be
considered.
City Commission Documentation
Rezoning Ordinance, First Reading, Lakeview Golf Course
Page 2
5. Such a proposed change was considered in Amendment 91-1. At
the City Commission's transmittal hearing, the item was
deleted from the amendment. Thus, the inconsistency
remained. The City Commission directed that the
Administration meet with the property owners to discuss
alternative courses of action prior to proceeding with a
rezoning to open space.
6. One meeting was held among the Administration and the
property owners and their legal representative. Subsequent
correspondence occurred. No proposals were set forth.
Later the property owner provided a packet of material for
each Commissioner and (presumably) has met with each.
7. The City Commission directed that this item again come
before them so that it can be closed.
ISSUE:
Quite simply there is an inconsistency between the Future Land
Use Map and the Zoning Map. The City Commission has declined to
alter the Land Use Map; thus, the Zoning Map must be altered.
(Note: if the inconsistency is not resolved, no development can
occur on the golf course property. But not resolving the
conflict provides misleading information due to these two
documents being inconsistent.)
A compromise solution has not been devised. The property owners
have petitioned for the City Commission to enact an amendment to
the Future Land Use Map to change the land use designation of
Open Space and thus validate the existing zoning. (See their
letter of September 23, 1991).
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item during
its consideration of Plan Amendment 91-1 and the concurrent
rezoning action. Adjacent property owner notification was
accommodated at that time.
The Board recommended that the Future Land Use Map be changed and
that the zoning remain as it is.
RECOMMENDED ACTION:
By motion, approval of the rezoning ordinance on first reading.
Attachment:
* Location map
* Ordinance by others
* Letter from Property Owner dated September 23, 1991.
The Lakeview Golf Club
1200 Dover Road
Delray Beach, Florida 3~5
(407) 498-5486 '"
City of Delray Beach I ~ t:c ..........
lO0 NW 1st Avenue i>.~,,'"
Delray Beach~ F1 3~ ~ ~, ~ ~.~
Attn: Mayor Thomas E. Lynch , ,~.i~ ~.~,~
Dear Mayor Lynch~
We are writing to make sure you have all of the facts concerning the history.
of the present owners involvement with Lakeview Golf course. We also have
included a history of our involvement with the Comprehensive Land use Plan.
We have listed some of our concerns, the present status~ some recommedations
and a summary.
HISTORY OF LAKEVIEW GOLF CLUB INC.
In early March, I~80, the Lakeview Homeowner's Association was notified
that the owner of Lakeview Golf Course was about to sell the Golf Course to
a third party.
It was decided that representative(s) of interested Lakeview homeowners
would approach the owner with the prospect of some Lakeview residents
having the opportunity to purchase the property instead of the unknown third
party.
The "Interested" Lakeview owners were well aware that the golf course'was
zoned residential.
Ir'was our concern then, that the golf course would be sold to a third party
who might have an interest in developing the golf course by building
residential homes in back of ours.
We were also well aware that residential property in a rapidly growing
Delray Beach was increasing in value and gave one a warm feeling that
our investment was safe regardless of the success of the golf course.
At any rate the representatives talked with the owners about our interest.
The Owner's graciously accepted and the representatives proceeded to find
people to invest in the purchase of the golf course.
The final result was that 10 people purchased .the property and became the
new owners on April 2&,1~80. Some of the original owners are deceased. The
property is now owned by eight people. Five of the present owners reside in
Lakeview. The remaining three are relatives of the deceased owners.
Lakeview Golf Course is a "PUBLIC" 18 hole Executive (Par 60) Course.The
entire cost of runninq the course is paid for .by the owners of the course.
THE RESIDENTS SURROUNDING THE COURSE ~0 NOT~ AND NEVER HAVE CONTRIBUTED ONE
CENT TOWARD THE PURCHASE OR THE MAINTENANCE DF THE PROPERTY.
PAGE 1 of 5
(History of Lakeview- continued>
Lakeview Golf Course has always tried to be a good neighbor to residents of
the Lakeview· and Shadywoods subdivisions. We have allowed free use of our
clubhouse for meetings, picnics, and parties. Walking, jogging, fishing and
walking of pets are allowed after hours.
There are many elderly people, widows~ and handicapped or ill people living
in the area. Our personnel have trimmed trees, carried.heavy loads, picked
up trash, started dead cars, and practically anything within reason, as
time permitted.
Upon request~ we have repainted, replanted~ moved trees, you name it, we
have done it~ right up to "Giving" a piece of property 4 Ft. x 100 Ft. to
enable a resident to screen in his pool.
The first several years of ownership were very difficult, financially. In
addition to paying on a mortgage, we spent a great deal in improving the
course and building up a steady clientele. This made it impossible to take
any profit and in many cases had to add cash out of pocket. The, last few
years we have finally been able to receive some return on our investment.
Now we are paying additional costs (attorney's fees,appraisal fees, etc.) to
protect our investmenmt from the parties interested in taking it from us.
HISTORY OF THE COMPREHENSIVE LAND PLAN (As related to Lakeview Golf Course>
In September 1~8~ a newspaper article came out with a full page spread of
the expected content of the plan. It showed all golf courses in Delray Beach
to be designated "Open Space" (OS>. This was not noticed by the owners.
It is important to note that no written notice was sent to Lakeview Golf
Club, even though the address of the club was known.
The owners feel that if written notice was given before the proposed plan
was drawn up, we could have corrected some of the mis-information (See
below> the Planning and Zoning Board and Commissioners were using in that
time frame. If that had happened we would not be addressing this sub~ect
today.
MIS-INFORMATION USED
1. Lakeview Golf Course is a non-public course.
2. Lakeview Golf Course is an amenity of Lakeview subdivision and/or
Lakeside Town Homes
3. There is no access to a street system for any part of the golf course
other than the area along Dover Road.
In July of l~O, the full page spread again appeared in the newspaper. This
time the Lakeview Golf Club Inc. president, William Murray noticed the
spread and OS designation given to our property.
It is important to note that again, no written notice was sent to Lakeview
Golf club, even though the address of the club was known.
The owners proceeded to contact the city and our treasurer, Sara Murray
attended every Planning and Zoning Board meeting and every City Commission
Meeting that discussed this item from that date to present.
We objected to the plan at the July 23, 1~90 Public Hearing. It was obvious
that the city did not know much about Lakeview except that it was a golf
course and thought it should be OS in the plan. (See Mis-information above>
P A G E 2 of 5
(History of Comprehensive Plan- continued)
NOTE: Lakevie~ Golf Course is the only course that is adversely affected
(financially} by this OS Classification. All of the other courses are
Private-Equity owned ~ City owned, Private Country Clubs~ or ~ere already
an amenity to homes built or being built on the property.
Please note: After this meeting~ written notice was sent to DelAire to
tell them that they would be OS in the plan. DelAire is a Private-Equity
owned course.
In subsequent meetings in 19~0~ the city agreed to leave the Zoning as is
(R-1AA~ RI-AAA-B) and reconsider the FLUM designations.
On March 13~ 1~91 we received a letter from J. Stanley Weedon Jr. informing
us that the Comprehensive Plan Amendment ~1-1 was due to be finalized. The
letter also stated that a formal notice would be sent to us and to everyone
within 500 feet of the affected property within the next several weeks. Sara
Murray~ our treasurer~ met with Stan and David Kovacs on March 2~,1~1 at
2:00 PM.
She objected to notices being sent out. How could anyone of sound mind not
know that any property owner in our vicinity could not quickly see how
their property would be enhanced financially by a defeat of the FLUM
amendment. Mr. Kovacs said it had to be done that way for legal reasons.
Upon receiving the Amendment and Zoning notice~ it would be mild to say
"All heck broke loose".
Every day we received dozens of calls~ inquiring~ Was the golf course for
sale~ had the golf course been sold~ when-did we plan to start building.
Many of our long time customers were very upset because they were being told
they better look for another place to play. The rumors got so bad, we put a
notice on the front door disclaiming the rumors.
There was a meeting of the Lakeview Homeowner's Association held in our
clubhouse. We attended to answer any questions. We informed them that~the
course ~as not for sale~ had not been sold, and that we did not have any
plans to develop the course. We also told them that if we became unable to
operate the course and an offer came in that was so good~ it could not be
refused~ we would give them notice and the right of matching the offer.
This was the manner in which the present owners bought the golf course.
Many of the people left with their fears alleviated~ but many also refused
to believe us and were sure we ~ere trying to put something over on them.
The following weeks became a nightmare. Signs were posted on on our benches
around the golf course stating that the owners were going to build duplexes
in their back yard unless the people ~ent to all the City meetings and
stopped us.
Rumors circulated claiming that we were going to fill in the lakes and put
roads in to build condos and they better go to the city meetings and protest
or it would happen.
We were threatened with lawsuits for spoiling their "Quality of Life", etc.
It is suffice to say the o~ners of the course felt like they were in an
armed camp.
The fear tactics used culminated with a legal fund being raised to hire an
attorney to represent "Lakeview Property Owners for Open Space".
Their attorney recommended lobbying various city commissioners and Treasure
Coast Regional planning members as quote" The recourse here is primarily
political since the governing body of the city has wide discretion in
Comprehensive Plan matters".
P A G E 3 of 5
(History o'f Comprehensive Plan- continued)
NOTE: We will supply you with copies of signs, flyers~ and attorney's letter
upon request.
The Lakeviem Golf Course owners want to state that we can readily understand
a resident being upset if they bought their homes without checking the
zoning. Since then we have explained our situation to our neighbors. Many of
them who signed petitions or gave to the legal fund have expressed regret
that they did.
For those still pursuing fear tactics and trying to enhance their own worth
at the.expense of others~ we have no sympathy. "We will not be intimidated".
On April 22, 19~1 the planning and zoning Board voted 7 - 0 to recommend
that the City Commission approve amendment of the FLUM from Recreation and
Open Space to Low Density Residential to provide consistency between the
present Zoning of the subject praperty and the FLUM.
On April 30 the City Commission held an open hearing on the matter and
decided to leave everything as is until a possible compromise can be made.
It was not very clear to us what the next step would be.
We contacted Jay Alperin, in early May, to get a clarification. He said that
the city should contact us. He said that he would contact the staff and try
to get some action started.
We met with our attorney (David Schmidt} on May I0,I~1 and he had not heard
anything fram the city. He said he wauld c~ntact them ta get an update on
the status.
William Murray (President of lakeview), Sara Murray (Treasurer of Lakeview),
and David Schmidt(our attorney) met with the city on June 3rd. Jay Alperin,
David Kovacs, and Jeff Kurtz were present from the city.
The purpose of the meeting mas to come up with some possible comprami~es
to solve the dilemma left at the April 30~ 1~91 City Commission Meeting.
A discussion mas held on the issue of rezaning to OS with the owners having
the right to apply for a zoning change when the golf course is no longer
v~able.
It became very clear that once it is zoned OS~ there was virtually no chance
to rezone to residential.
One compromise, mentioned by Mr. Kovacs~ was to change only part of the
present residential zoning to Open space.
In discussing this compromise~ it was generally felt that it mould not be
anymore viable to the antagonists than acceptance of the amendment.
Another possible compromise was to come up with some type of business, plan.
As a minimum this would require some (Best Use value) appraisals to be made
for the Lakeviem Golf Course property.
PRESENT STATUS
Lakeviem has engaged a competent Land Value appraisor.
Lakeview is preparing this letter to send to all City officials involved
with the comprehensive plan~ so that everyane is a~are of our history and
our concerns with this matter.
P A G E ~ of 5
MAJOR CONCERNS~ QUESTIONS, AND O~SER~ATIONS
1. The manner in which this issue has been handled has just about ruined the
friendly atmosphere everyone was accustomed to in the vicinity of the
Lakeview Golf Course.
The thing that bothers us most is that the Lakeview owners are being
cast as the "Bad Guys", when we did not instigate this mess.
The notification methods are a complete mystery to
First we are told the city did not legally have to notify us that the
land designation of OS was being put on our property and they did not
even have to publish in July, 1990, but decided to anyway.
We can't help but be amazed~ that it was not legally required to notify
property owners of the Land Use Plan, but was a legal necessity to notify
all property owners within 500 feet of the affected property for an
amendment ,to the plan.
The Planning and Zoning Board heard all of the anti-amendment arguments
and still voted 7 to 0 in favor of the amendment and forwarded their
recommendation to the City Commission.
Why the City Commissioners decided to ignore the recommendation at this
time is another mystery to us.
2. Regardless of what the future holds, our property would be devalued by a
zoning change to Open Space.
a. The amount of devaluation in todays environment can be determined by
the appraisors. The devaluation in the future is a complete unknown.
b. If the golf course becomes unviable~ the property could become almost
worthless as the only other uses for. OS are parks and cemeteries.
IN SUMMARY
The owners of Lakeview Golf Course believe the city was wrong in pursuing
the Open Space designation. We feel that the city has caused undue problems
in our community.
The area property owners still believe that Lakeview Golf club is trying to
change the zoning. The city did not make it clear at all~ that they are the
ones who are trying to make a change.
NOTE: If the commissioners would check the city hall records, like we did,
they would find that the number of letters and/or signatures on petitions of
complaint is a very small percentage of the affected property owners.
RECOMMENDATION-.
We believe the City Commission should accept THE RECOMMENDATION SET FORTH
BY A UNANIMOUS VOTE OF THE PLANNING AND ZONING BOARD and approve the Flum
Amendment.
IN CONCLUSION :
We respectfully request a meeting with each commissioner individually to
discuss this sub~ect and answer any questions they might have.
Sincerely,
The owners of Lakeview Boll Club
William R. Murray~, President
CC: See Attachment
P A G E 5 of 5
PLANNING AND ZONING DEPARTMENT MEMORANDUM
TO: ~-'"-~IT~ COMMISSION
FROM: ~DA~rID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
DATE: DECEMBER 3, 1991
SUBJECT: LAKEVIEW GOLF COURSE REZONING, PROCEDURAL CLARIFICATION
Situation: An inquiry has been made relative to the procedure by
which the Planning and Zoning Board considered and provided a
recommendation on this rezoning petition.
Investigation: At the Planning and Zoning Board meeting, the
item was considered concurrent with an associated Comprehensive
Plan Amendment. Written notice of the public hearing was
provided to approximately 1,260 property owners. A notice was
published. Public testimony was taken on April 15, 1991.
Letters and petitions addressing both the Plan Amendment and the
Rezoning were entered into the record. The staff report clearly
analyzes both items. Action was deferred to April 22nd with
direction that the City Attorney's Office be represented to
address the question of "taking" (a subject associated with
rezoning).
Board Action: Stan Weedon, Staff, instructed the Board that two
items were before the Board. Action on the first (Plan
Amendment) would dictate action the second (Rezoning). On a 7-0
vote the Board recommended "... approval of the amendment of the
Future Land Use Map ..... to provide consistency between the
present zoning of the subject property and the Future Land Use
Map."
The Board did not take a second, specific action on the rezoning
petition. However, it is implied that the zoning be denied
since they recommended a change to the Future Land Use Map. It
is evident that consideration of the rezoning petition was before
the Board; and, by wording of the motion, the Board sought to
have the Future Land Use Map and the Zoning to be consistent.
Implications: The Board's role is to provide a recommendation to
the City Commission. If a recommendation were not given, it
becomes necessary to return to the Board for a full review
including re-notice. If a recommendation were given,
consideration of the rezoning ordinance may continue at the City
Commission.
To: City Commission
Re: Lakeview Golf Course Rezoning, Procedural Clarification
Page 2
In order to avoid a procedural technicality, some have suggested
that the item be processed anew. As an alternative, it is
suggested that upon consent of the property owner we proceed;
thus, avoiding the time, expense, and emotions involved in going
back to the Board in a formal setting.
Note: The only action available to the Board is to find
the rezoning petition consistent with the Future Land Use
Map; thus, it would be returned with a recommendation of
approval. Granted, however, the Board would be able to make
additional recommendations if they felt another Plan
Amendment should be considered.
The above situation has been discussed with the attorney
representing the owners of the property to be rezoned (Schmidt),
the attorney representing citizens interested in rezoning to Open
Space (Smith), and the City Attorney. It appears that if Schmidt
and Smith consent to going forward with a stipulation that,
indeed, a recommendation was provided by the Planning and Zoning
Board, consideration of the rezoning ordinance will continue.
Future Notice: Since this is a City initiated rezoning action, a
special 30 day notice must be provided, in writing, to the owners
of the property which is to be rezoned. This notice will be
accommodated. Also, a legal advertisement will be published.
Finally, a special letter notice will be provided to those groups
and individuals who have asked to be kept informed of this
matter.
Action by the Commission: Prior to first reading of this
ordinance, stipulations (in a form agreeable to the City
Attorney) should be made in order to create a proper procedural
record.
DJK/dlm
C:
David Schmidt, Attorney
Larry Smith, Attorney
Jeff Kurtz, City Attorney
David Harden, City Manager
Alison Harty, City Clerk
Project File
DJK/#90/LAKEVIEW.DOC