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Ord 26-08I \ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (S), "TELECOMMUNICATION TOWERS AND ANTENNAS", SUB-SUBSECTION (2), "FREESTANDING TELECOMMUNICATION TOWERS", TO ADD BARWICK PARK AND LAKEVIEW GOLF COURSE PROPERTIES TO ALLOW MONOPOLES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Boazd reviewed the proposed text amendment at a public hearing held on May 19, 2008, and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above aze incorporated herein. Section 2. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (S), "Telecommunication Towers and Antennas", Sub-Subsection (2), "Freestanding Telecommunication Towers", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (2) Freestanding Telecommunication Towers: Freestanding telecommunication towers aze permitted as follows: / ~~ (a) Monopole towers having a maximum height of 64 feet aze a permitted use in the following zoning districts: 1. Planned Commercial (PC) 2. Planned Commerce Center (PCC) 3. Mixed Industrial and Commercial District (MIC) 4. Light Industrial (LI) 5. Industrial (I) 6. Open Space and Recreation (OSR) 7. Community Facilities (CF) (b) Monopole towers having a maximum height greater than 64 feet may be permitted as a conditional use in the following zoning districts: 1. Planned Commerce Center (PCC) 2. Mixed Industrial and Commercial District (MIC) 3. Light Industrial (LI) 4. Industrial (I) 5. Open Space and Recreation (OSR) (on sites greater than 10 acres in size) 6. Community Facilities (CF) (on sites greater than 10 acres in size) (c) Notwithstanding the above listed requirements, monopole towers greater than 64 feet in height aze a permitted use when located on the public properties listed below. Towers that are to be located on these properties are not subject to the minimum sepazation requirement between towers. Towers shall be located so as to create the least potential visual impact on adjacent rights-of--ways and residential azeas. 1. Miller Pazk, 1905 S.W. 4th Avenue 2. Delray Beach Municipal Golf Course, 2200 Highland Avenue 3. Public Works Complex, 434 South Swinton Avenue 4. South Central Regional Wastewater Treatment Facility, 1801 North Congress Avenue 5. Lakeview Golf Course 6. Barwick Pazk 2 ORD. N0.26-OS 1 ~ (d) Lattice and guyed towers may be permitted as a conditional use in the following zoning districts: 1. Community Facilities (CF) (on sites greater than 10 acres in size) 2. Industrial (I) (e) Development Standards and Criteria: 1. Height: a. Tower height shall not exceed 125 feet unless a waiver is granted pursuant to Subsection 4.3.3(5)(7) b. Tower height is to be measured from the crown of the road of the neazest public right of way. The measurement of the tower height shall include any apparatus that extends above the tower structure, with the following exceptions: (1) Lightning rods, safety lighting, and any other appazatus required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC) to ensure the safe operation of the facility. (2) Whip antennas not exceeding 6 inches in diameter may extend 10 feet above the height of the tower structure. 2. Setbacks: (a) Towers shall be located a minimum of fifty (50) feet from any existing or proposed public street right-of--way line. (b) The minimum distance between a monopole tower and the nearest property line of a residential zoning district shall be equal to 200% of the height of the tower. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declazed 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. 3 ORD. NO.26-08 f \ / \ Section 4. That all ordinances or parts of ordinances in contltct herewtth be, ana the same aze hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regulaz session on second and final reading on this the 17`n day of June, 2008. ~~~ ~~ ATTEST: MAYO R ~~.~ . ~~ A ing Deputy City Clerk First Reading IO 3 08 Second Reading (0 1^( ~ ORD. N0.26-08 E 0 3 0 a ao 0 0 N d v T a v c v 3 -o .- 3 a z m d g 0 u m° CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO ALLOW MONOPOLE TOWERS IN THE BARWICK PARK AND LAKEVIEW GOLF COURSE PROPERTIES The City Commission of the City of Delray Beach, Fbdda, proposes to adapt the follovdng ordinance: ORDINANCE N0.26.06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES°, SUBSECTION (S), "TELECOMMUNICATION TOWERS AND ANTENNAS", SUB-SUBSECTION (2), "FREESTANDING TELECOMMUNICATION TOWERS°, TO ADD BARWICK PARK AND LAKEVIEW GOLF COURSE PROPERTIES TO ALLOW PAONOPOLES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing was held on TUESDAY. JUNE 3.2006 AT 7:00 P M. in the Commission Chambers al City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida. The proposed ordinance is passed on frst reading, asecond Public Hearing will be held on TUESDAY. JUNE 17.2008 AT 7:00 P.M. (or at any continuafion of such meeting which is set by the Commission) in the Commission Chambers at City Hall, 100 N.W. lstpvenue, Delray Beach, Florida. All interested citizens are invited to attend the public headngs and comment upon the proposed ordinance or submit their comments in writing on or before the date of these hearings to the Planning and Zoning Depadmeni. For further informafion or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (email at pzmail@mydelrayt~each.com) or by calling 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at these hearings, such person may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide nor prepare such record pursuant to F.S. 286.0105. CITY OF DELRAY BEACH Chevelle D. Nubin, CMC City Clerk PUBLISH: Fdday, May 23, 2008 Tuesday, June 10,2006 Boca RafoNDelray Beach News MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 10, 2008 SUBJECT: AGENDA ITEM IO.C. -REGULAR COMMISSION MEETING OF JUNE 17, 2008 ORDINANCE NO. 26-08 (SECOND READING/SECOND PUBLIC HEARING) ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to the Land Development Regulations (LDR) amending Section 4.3.3, "Special Requirements for Specific Uses", Subsection (S), "Telecommunications Towers and Antennas", Paragraph (2), "Freestanding Telecommunication Towers" to add Barwick Park and Lakeview Golf Course properties to allow monopoles. BACKGROUND At the first reading on June 3, 2008, the Commission passed Ordinance No. 26-08. RECOMMENDATION Recommend approval of Ordinance No. 26-08 on second and final reading. ORDINANCE NO. 26-08 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (S), "TELECOMMUNICATION TOWERS AND ANTENNAS", SUB-SUBSECTION (2), "FREESTANDING TELECOMMUNICATION TOWERS", TO ADD BARWICK PARK AND LAKEVIEW GOLF COURSE PROPERTIES TO ALLOW MONOPOLES; PROVIDING A SAVING CLAUSE, .A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on May 19, 2008, and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. -That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (S), "Telecommunication Towers and Antennas", Sub-Subsection (2), "Freestanding Telecommunication Towers", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (2) Freestanding Telecommunication Towers: Freestanding telecommunication towers are permitted as follows: (a) Monopole towers having a maximum height of 64 feet are a permitted use in the following zoning districts: 1. Planned Commercial (PC) 2. Planned Commerce Center (PCC) 3. Mixed Industrial and Commercial District (MIC) 4. Light Industrial (LI) 5. Industrial (1) 6. Open Space and Recreation (OSR) 7. Community Facilities (CF) (b) Monopole towers having a maximum height greater than 64 feet may be permitted as a conditional use in the fallowing zoning districts: 1. Planned Commerce Center (PCC) 2. Mixed Industrial and Commercial District (MIC) 3. Light Industrial (LI) 4. Industrial (I) 5. Open Space and Recreation (OSR) (on sites greater than 10 acres in size) 6. Community Facilities (CF) (on sites greater than 10 acres in size) (c) Notwithstanding the above listed requirements, monopole towers greater than 64 feet in height are a permitted use when located on the public properties listed below. Towers that are to be located on these properties are not subject to the minimum separation requirement between towers. Towers shall be located so as to create the least potential visual impact on adjacent rights-of--ways and residential areas. 1. Miller Park, 1905 S.W. 4th Avenue 2. Delray Beach Municipal Golf Course, 2200 Highland Avenue 3. Public Works Complex, 434 South Swinton Avenue 4. South Central Regional Wastewater Treatment Facility, 1801 North Congress Avenue 5. Lakeview Golf Course 6. Barwick Park 2 ORD. NO. 26-08 (d) Lattice and guyed towers may be permitted as a conditional use in the following zoning districts: 1. Community Facilities (CF) (on sites greater than 10 acres in size) 2. Industrial (i) (e) Development Standards and Criteria: 1. Height: a. Tower height shall not exceed 125 feet unless a waiver is granted pursuant to Subsection 4.3.3(5)(7) b. Tower height is to be measured from the crown of the road of the nearest public right of way. The measurement of the tower height shall include any apparatus that extends above the tower structure, with the following exceptions: (1) Lightning rods, safety lighting, and any other apparatus required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC) to ensure the safe operation of the facility. (2) Whip antennas not exceeding 6 inches in diameter may extend 10 feet above the height of the tower structure. 2. Setbacks: (a) Towers shall be located a minimum of fifty (50) feet from any existing or proposed public street right-of--way line. (b) The minimum distance between a monopole tower and the nearest property line of a residential zoning district shall be equal to 200% of the height of the tower. Section 3. That should any section or provision of this ordinance or any portion [hereof, 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. 3 ORD. NO. 26-OS Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2008. ATTEST: City Clerk First Reading Second MAYOR 4 ORD. NO. 26-OS MEMORANDUM TO: Mayor and City Commissioners FROM: Mazk McDonnell, AICP, Assistant Director of Planning and Zoning Paul Dorling, AICP, Director of Planning and Zoning THROUGH: David T. Hazden, City Manager DATE: May 27, 2008 SUBJECT: AGENDA TTEM 10 C -REGULAR COMMISSION MEETING OF NNE 3 2008 ORDINANCE N0.26-08 (FIItST READING/FIILST PUBLIC HEARING) ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations to add Barwick Pazk and Lakeview Golf Course to the list of public properties where freestanding telecommunication monopole towers aze permitted. BACKGROUND The existing regulations in LDR Section 4.3.3(5), Telecommunication Towers and Antennas, include a section that lists specific public properties that aze allowed to have monopole towers greater than 64 feet in height, and that aze also not subject to minimum separation requirements between towers. Towers must be located to create the least potential visual impact on adjacent right-of--ways and residential azeas. The current list of public properties includes: 1. Miller Park 2. Delray Beach Municipal Golf Course 3. Public Works Complex 4. South Central Regional Wastewater Treatment Facility This amendment would add Barwick Park and Lakeview Golf Course as the 50i and 6~' properties to this list. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Boazd on May 19, 2008. One member of the public spoke on the issue and did not feel that another tower was justified in such close proximity to the tower currently located adjacent to Fire Station #4. The Board unanimously recommended approval on a 7 to 0 vote, to add Lakeview Golf Course only to the public properties list, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations By motion, approve on first reading Ordinance No. 26-08 for aCity-initiated amendment to the Land Development Regulations as reflected in the attached ordinance, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 26-08 AN ORDINANCE OF THE CTI'Y COMMISSION OF THE CTI'1' OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3, "SPECIAL REQUII2EMENTS FOR SPECIFIC USES", SUBSECTION (S), "TELECOMMUNICATION TOWERS AND ANTENNAS", SUB-SUBSECTION (2), "FREESTANDING TELECOMMUNICATION TOWERS", TO ADD BARWICK PARK AND LAKEVIEW GOLF COURSE PROPERTIES TO ALLOW MONOPOLES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on ,and voted _ to _ to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (S), "Telecommunication Towers and Antennas", Sub-Subsection (2), "Freestanding Telecommunication Towers", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (2) Freestanding Telecommunication Towers: Fre~dmg iplecomnnaication tov`ecs are permitted as follows: (a) Monopole towers having a rrtvdmzan height of 64 feet are a permitted use in the following caning districts: 1. Planned Commercial (PC) 2. Placuied Commerre Gaiter (PCC) 3. Mixed Industrial and Commensal District (MIC) 4. LightIrul<strial(LI) 5. Ind~atrial (I) 6. Opal Space and Recreation (OSR) 7. ComminityFaalities (CF) (b) Monopole towels having a n~dmian height greater than 64 fcet may be permitted as a conditional use in the following caning districts: 1. Planned Commerce Carter (PCC) 2. Mined Ind«atrial and Commeraal District (M[C) 3. Light Irxhstrial (Li) 4. Inchstrial (I) 5. Open Space and Recreation (OSR) (on sites gr~ than 10 acres in size) 6. Community Facilities (CF) (on rtes greater than 10 acres in size) (c) Notwithstandrtmgthaabove listed regiriren~ts, monopole towels gt+eater than 64 feet in height are a permitted use when located on the public properties listed below Towers that are to be located on these properties are not subject to the minimrun separation r+egrrinematt between towels. Towels shall be located so as to create the least potartial visual impact on adjacent righis-of-ways and resida~tial arm. 1. Miller Parly 1905 S.W. 4th Avenue 2. Delray Bich Municipal Golf Cotuse, 2200 I-ligtiland Avenue 3. Public Works Complex, 494 South Swinton Avenue 4. South Central Regional Wastewater Treatmerrt Facility, 1801 North Congress Avarua 5. LakeviewGolf Coruse 6. Barwick Park (d) Lattice and guyed towers maybe permitted as a conditional use in the following zoning districts: 1. Community Faa7ities (CF) (on sites gr+~ta than 10 acres um size) 2 ORD. NO. 26-0S 2. Industrial (I) (e) Development Standazds and Criteria: 1. Height: a ToHer heig}ut shall not exceed 125 feet utnless a Haiver is granted puusuazut to Subsection 4.3.3(S)(~ b. ToHer height is to be measuued from the crown of titre road of the rrauest public right of tray. The measuuement of the tower height shall include any apparatus that extends above the tower structuue, with the following exceptions: (1) Lightning rods, safety luting, and any other appauahs requuined by the Federal Aviation Administration (FAE~ or the Federal Communications Commission (FCC) to ensue the safe operation of the facility. (2) Whip anterttuas not exceeding 6 irucl>es uu diameter may extend 10 feet above the heig)ut of the tower stuvctune. 2. Setbacks: (a) ToHeis shall be located a miudrmum of fifty (50) feet from any existing or proposed public street right-of-way lire. (b) The mu»urnun distance between a moropole tower and the ruearesst property line of a residential zoning district shall be equal to 200% of the height of the tower. Section 3• That stwuld any section or provision of this ordinance or any portion thereof, airy pauagcaph, sentence, or Hard be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remauuder hereof ~ a whole or part thereof other than the part declared to be invalid. Sectiion 4. That all offices or parts of offices in conflict herewith be, and the same are herebyrepealed. Section 5. That this or+d;r~vuce shall become effective irrrcnediately upon its prassa@e on second and final read'¢ug. ORD. NO.26-08 PASSED AND ADOPTED in regular session on sQCOnd and final reading on this the day of 2008. ATTEST MAYOR City Clerk First R~ctng Second ORD. N0.26-08 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: MAY 19, 2008 AGENDA NO: IV.E. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 4.3.3(S), "TELECOMMUNICATIONS TOWERS AND ANTENNAS," TO ADD BARWICK PARK AND LAKEVIEW GOLF COURSE TO THE LIST OF PUBLIC PROPERTIES WHERE FREESTANDING TELECOMMUNICATION MONOPOLE TOWERS ARE PERMITTED. t .{,•a • ~^ ITEM ~E~bR '[fiE BO" _~ ~ ~ ' The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) to add the public properties of Barwick Park and Lakeview Golf Course to the list of public properties that would be allowed freestanding telecommunication towers. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The existing regulations in LDR Section 4.3.3(S), Telecommunication Towers and Antennas, include a section that lists specfic public properties that are allowed to have monopole towers greater than 64 feet in height, and that are also not subject to minimum separation requirements between towers. Towers must be located to create the least potential visual impact on adjacent right-of--ways and residential areas. The current list of public properties includes: 1. Miller Park 2. Delray Beach Municipal Golf Course 3. Public Works Complex 4. South CenVal Regional Wastewater Treatment Facility This amendment would add Barwick Park and Lakeview Golf Course as the 5'" and 6"' properties to this list. A private carrier has approached the City about locating a monopole within Barwick Park near Fire Station #4. While no facilities are currently contemplated at the Lakeview Golf Course, it is reasonable to include this property since it is similar to other properties currently included in the list. There have been no reported complaints or issues regarding towers already in place on the properties listed above. Planning and Zoning Board Meeting, May 19, 2008 LDR Amendment -Public Properties Allowed to have Monopoles Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goais, Objectives and Policies of the Comprehensive Plan. While no speck goal or objective directly addresses telecommunication facilities that would support this amendment, the amendment would not be inconsistent with the Comprehensive Plan. Courtesy notices were sent to the following neighborhood and/or civic associations: Neighborhood Advisory Council Chatelaine Lakeview Civic Association Lake Forest South Shadywoods Country Manor Sherwood Park Civic Association Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ~' '~ERNA`t'IVEAGTIO ~, A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.3.3(S), "Telecommunications Towers and Antennas," to add Barwick Park and Lakeview Golf Course to the list of public properties where freestanding telecommunication monopole towers are permitted, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.3.3(S), "Telecommunications Towers and Antennas," to add Barwick Park and Lakeview Golf Course to the list of public properties where freestanding telecommunication monopole towers are permitted, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is not consistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the a~mtative). Recommend approval of the amendment to Land Development Regulations, Section 4.3.3(S), "Telecommunications Towers and Antennas," to add Barwick Park and Lakeview GoH Course to the list of public properties where freestanding telecommunication monopole towers are permitted by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). attachment: LDR with suooested lanouaoe 2 CC`- ~~e(c(a~ CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO ALLOW MONOPOLE TOWERS IN THE BARWICK PARK AND LAKEVIEW GOLF COURSE PROPERTIES a The City Commission of the City of Delray Beach, Fbdda, proposes to adopt the fdbwing ordinance: E 0 U ORDNANCE N0.26-08 ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS BEACH ° , OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.3,'SPECIAL a REQUIREMENTS FOR SPECIFIC USES', SUBSECTION (Sj, "TELECOMMUNICATION TOWERS AND ANTENNAS', SUB•SUBSECTION ao (2j, "FREESTANDING TELECOMMUNICATION TOWERS", TO ADD o° BARWICK PARKAND LAKEVIEW GOLF COURSE PROPERTIES TO ALLOW MONOPOLES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER ~y CLAUSE, AND AN EFFECTIVE DATE. N The City Commission will conduct taro (2) Pubtic Hearings fa the purpose of aaepting public tes8mony regarding tl~e proposed odinance. TIC first Public i a ~ Hearing was heW on'nrFSOAY JUNE 3 2008 AT 7:00 P.M. in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach, Fbrda. The proposed ordinance is passed on first reading, a second Public Hearng will be a held on T~lESDAY JUNE 17 2008 AT 7~ P M, (w at any continua8on of such meeting whidr is set by the Commission) in the Commission Chambers at City 3 Hall, 100 N.W. istAverxae, Delray Beach, Forida. v z ~ All interested ddzens are invited to a0end the pubic hearings and cwnment m upon the proposed ordinance w submit their cemments in wdfirg on w before the date of these hearings to the Planning and Zoning Department. Fw further d informatlon or to obtain a copy of the proposed ordinance, please contact the 1st Avenue, Delray 100 N W HNI nt Cit M D e. . . , y re , epa Planning and Zoning ;, Beach, Florida 33444 (email at pzmal@mydelraybeach.rom) or by ca0ing q 581/243.7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday thrcegh m Friday, exdurxng hdidays. please be wised that'rf a person decides to appeal any deasiar made by the Gry Commission with respect to arty matter certsidered at these heartrgs, swd» person may need to ensure that a verbafim record irx~rdes the tesOmony and evidence upon which the appeal is to be based. The City does rrot provide nor prepare such record pursuant to F.S. 286.0105. CITY OF DELRAY BEACH Chevelle 0. Nubin, CMC City Clerk PUBLISH: Friday, May ~, 2008 Tuesday, June 10,2008 Boca tiatonl0elray Beach News