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Ord 33-08~~ '1 ORDINANCE NO. 33-08 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 4.5.9, "THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", SUBSECTION 4.5.9(A), "DEFINED", AND BY AMENDING ARTICLE 4.7, "FAMILY/WORKFORCE HOUSING", SECTION 4.7.1, "DEFINITIONS", BY REPEALING. SUBSECTION 4.7.1(p), "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" AND ENACTING A NEW SUBSECTION 4.7.1(p), "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", TO MODIFY THE DESCRIPTION AND PROVIDE FOR EXPANSION OF THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT; 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 July 21, 2008, and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Boazd, 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 fmdings 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 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined", 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: (A) Defined: The Southwest Neighborhood Overlay District is the azea zoned ~ ~' '1 RM located between Interstate 95 and N.W. 1st Avenue a~ from Atlantic Avenue to S.W. 2nd Street except along SW 12s' Avenue where it extends south to SW 3'a Street. The applicable regulations set forth in Section 4.7, "Family/Workforce Housing" (in addition to applicable Land Development Regulations) shall apply to this district. Section 3. That Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(p), "Southwest Neighborhood Overlay District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed and a new Subsection 4.7.1(p), "Southwest Neighborhood Overlay District", is enacted to read as follows: p. Southwest Neighborhood Overlay District -The azea zoned RM between Interstate 95 and N.W. 1st Avenue, a~ from Atlantic Avenue to S.W. 2nd Street, except alone SW 12th Avenue where it extends south to SW 3rd Street, as shown in the map below. ORD. NO.33-08 1 ~ 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. \ PASSE AND ADOPTED in regular day of , 200. ATTEST ~~o~, ~. ~.~a City Clerk First Reading Second Reading session on second and final reading on this the ~~~,~~ ~~ MAYOR ORD. N0.33-08 Page ] of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: August 12, 2008 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF AUGUST 19, 2008 ORDINANCE NO. 33-08 (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) Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined" and Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(p.), "Southwest Neighborhood Overlay District," to modify the description and provide for expansion of the Southwest Neighborhood Overlay District. BACKGROUND At the first reading on August 5, 2008, the Commission passed Ordinance No. 33-08. RECOMMENDATION Recommend approval of Ordinance No. 33-08 on second and final reading. http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=1359&MeetingID=150 9/17/2008 ORDINANCE NO.33-08 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 4.5.9, "THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", SUBSECTION 4.5.9(A), "DEFINED", AND BY AMENDING ARTICLE 4.7, "FAMILY/WORKFORCE HOUSING", SECT[ON 4.7.1, "DEFINITIONS", BY REPEALING SUBSECTION 4.7.1(p), "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" AND ENACTING A NEW SUBSECTION 4.7.1(p), "SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", TO MODIFY THE DESCRIPTION AND PROVIDE FOR EXPANSION OF THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT; 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 July 21, 2008, and voted 4 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 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined", 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: (A) Defined: The Southwest Neighborhood Overlay District is the area zoned ORD. NO. 33-08 RM located between Interstate 95 and N.W. 1st Avenue a~ from Atlantic Avenue to S. W. 2nd Street except along SW 12`h Avenue where it extends south to SW 3`d Street. The applicable regulations set forth in Section 4.7, "Family/Workforce Housing" (in addition to applicable Land Development Regulations) shall apply to this district. Section 3. That Article 4.7, "Family/Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(p), "Southwest Neighborhood Overlay District", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed and a new Subsection 4.7.1(p), "Southwest Neighborhood Overlay District", is enacted to read as follows: p. Southwest Neighborhood Overlay District -The area zoned RM between Interstate 95 and N.W. 1st Avenue, ead from Atlantic Avenue to S.W. 2nd Street, except along SW 12th Avenue where it extends south to SW 3rd Street, as shown in the map below. 2 ORD. NO. 33-OS 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. 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 , 200_ ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD. NO. 33-08 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald R. Hoggard, Jr., AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: July 29, 2008 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF AUGUST 5, 2008 ORDINANCE NO. 33-OS (FIRST READING/FIRST PUBLIC HEARING) ITEM_BEFORE COMMISSION Consideration of aCity-initiated amendment [o the Land Development Regulations Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined" and Article 4.7 "Family / Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(p.), "Southwest Neighborhood Overlay District," to modify the description and provide for expansion of the Southwest Neighborhood Overlay District. BACKGROUND On November 20, 2007, the City Commission adopted Comprehensive Plan Amendment 2007-2, which included a City initiated text amendment to expand the Southwest Neighborhood Overlay District by amending the description of the Medium Density FLUM designation to include the area along SW 12th Avenue, between SW 2nd Street and SW 3rd Street. This area is part of a large scale private sector redevelopment initiative that will have a major effect on the stabilization and revitalization of the entire neighborhood; provide much needed workforce housing; and become a catalyst for additional redevelopment. The purpose of the proposed LDR text amendment is to implement the adopted Comprehensive Plan amendment. The text amendment consists of amending the description of the overlay district within Section 4.5.9 and amending the description and the map within LDR Section 4.7.1 (p) which depicts the Southwest Neighborhood Overlay District. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on July 21, 2008. No one from the public spoke on the item. The Board unanimously recommended approval on a 4 to 0 vote, 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 the criteria set forth in Section 2.45(M) of the Land Development Regulations. RECOMMENDATION By motion, approve on first reading Ordinance No. 33-08 for aCity-initiated amendment to the Land Development Regulations Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined" and Article 4.7 "Family /Workforce Housing", Section 4.7.1, "Definitions", Subsection 4.7.1(pJ, "Southwest Neighborhood Overlay District," to modify the description and provide for expansion of the Southwest Neighborhood Overlay District, 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. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: JULY 21, 2008 AGENDA NO: IV.C AGENDA ITEM: CONSIDERATION OF A CITY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 4.5.9, "THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" AND "ARTICLE 4.7 "FAMILYIWORKFORCE HOUSING", TO MODIFY THE DESCRIPTION AND PROVIDE FOR EXPANSION OF THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a City initiated amendment to Land Development Regulations Section 4.5.9, "The Southwest Neighborhood Overlay District" and Article 4.7, "Family/ Workforce Housing", to modify the description and provide for expansion of the Southwest Neighborhood Overlay District. 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. BACKGROUND /ANALYSIS The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6, 2004, included incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. On April 4, 2006, the City Commission adopted Ordinance No. 18-06, to expand the Program by providing additional opportunities and incentives for the provision of workforce housing. These modifications included an increase in the maximum density for the "Carver Estates Overlay District" from 12 units per acre to 24 units per acre and the creation of a new overlay district, the "Infill Workforce Housing Area," with a maximum density of 18 units per acre. On November 20, 2007, the City Commission adopted Comprehensive Plan Amendment 2007- 2, which included a City initiated text amendment to expand the Southwest Neighborhood Overlay District by amending the description of the Medium Density FLUM designation to include the area along SW 12`h Avenue, between SW 2nd Street and SW 3rtl Street. This area is part of a large scale private sector redevelopment initiative that will have a major effect on the stabilization and revitalization of the entire neighborhood; provide much needed workforce housing; and become a catalyst for additional redevelopment. The purpose of the proposed LDR text amendment is to implement the adopted Comprehensive Plan amendment. The text amendment consists of amending the description of the overlay district within Section 4.5.9 and amending the description and the map within LDR Section 4.7.1(p) which depicts the Southwest Neighborhood Overlay District. IV.C. Planning and Zoning Board Memorandum Staff Report, July 21, 2008 Amendment to LDRs to Expand the Southwest Neighborhood Overlay District Page 2 REQUIRED FINDINGS LDR Section 2.4.5(M)(51 (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies The goals, objectives and policies of the Comprehensive Plan were reviewed and the following applicable objectives and policies were noted: Future Land Use Element Objective A-7: To encourage the provision of workforce housing in the City, the following policies shall be implemented. Policv A-7.1: The maximum density may be increased within the Medium Density, General Commercial and Transitional Future Land Use designations through the Workforce Housing "Density Bonus Program". The concept is that for every workforce housing unit that a developer builds, a calculated number of market rate units greater than would be allowed otherwise may be built. Policv A-7.2: Workforce Housing Overlay Districts shall be identified on the Future Land Use Map. The maximum density within these districts shall be as follows: • The MROC (Mixed Residential Office Commercial) zoning district shall have a maximum density of 40 units per acre except within the Tri-rail Station Overlay where the maximum density is 50 units per acre. • The Southwest Neighborhood and Carver Estates Overlay Districts shall have a maximum density of 24 units per acre. • The I-95/CSX RR Corridor Overlay District shall have a maximum of 24 units per acre. • The SW 10`" Street Overlay District shall have a maximum density of 12 units per acre. • The Four Corners Overlay District shall have a maximum density of 30 units per acre. • All other Overlay Districts shall have a maximum density of 18 units per acre. The proposed amendment will further these policies by supporting expansion of the Workforce Housing Program. The goal of this program is to encourage the provision of housing which is affordable to very low to moderate income households. Based on the above, a positive finding can be made that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive. REVIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. Planning and Zoning Board Memorandum Staff Report, July 21, 2008 Amendment to LDRs to Expand the Southwest Neighborhood Overlay District Page 3 ASSESSMENT AND CONCLUSION The purpose of this privately initiated LDR text amendment is to implement a text amendment adopted as part of Comprehensive Plan Amendment 2007-2, which expands the Southwest Neighborhood Overlay District to the south along SW 12`" Avenue, between SW 2"d Street and SW 3rd Street. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOMMENDED ACTION Move a recommendation of approval to the City Commission for a City initiated amendment to Land Development Regulations Section 4.5.9, "The Southwest Neighborhood Overlay District", Subsection 4.5.9(A), "Defined" and Article 4.7 "Family /Workforce Housing", Section 4.7.1, "Definitions', Subsection 4.7.1(p.), "Southwest Neighborhood Overlay District," to modify the description and provide for expansion of the Southwest Neighborhood Overlay District, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachments: Location Map Proposed Ordinance s:\planning & zoning\boards\p&z board\Idr amendment workforce housing expansion of southwest neighborhood oveday.doc N EXPANSION OF SOUTHWEST NEIGHBORHOOD -~- OVERLAY DISTRICT CITY OF DELRAT BEACH, FL PLANNMG&ZONING DEPARRaErvT OEXISTING OVERLAY DISTRIQ PROPOSED ADDITION TOOVERLAY DISTRICT ~ ~ ~, ~c,~z(dQ- vnvw.bocanews.com • Boca Raton/Delray Beach News -Monday, July 28, 2(108 3A CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO MODIFY THE DESCRIPTION AND PROVIDE FOR THE EXPANSION OF THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT The CTy Conunissbn of the City of DeUay Beach, Florida, proposes to adopt Ihefdbwirg ordmance: ORDINANCE N0.384188 AN ORDINANCE OF THE CfTY CAMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.5.9, "f HE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, SUBSECTION 4.5.9(A), 'DEFINED', AND BY AMENDING ARTICLE 4.7, 'FAMILYMrORKFORCE HOUSING', SECTION 4.7.1, 'DEFINITIONS', BY REPEALING SUBSECTION 4.7.1(p), °SWT}iWEST NEIGHBORHOOD OVERLAY DISTRICT' AND ENACTING A NEW SUBSECTION 4.7.1(p), "SOUTHWEST NEIGH80RHOOD OVERLAY DISTRICT", TO MODIFY THE DE~RIPTION AND PROVIDE FOR EXPANSION OF THE SOUTHWEST ~, NEIGHBORHOOD OVERLAY DISTRICT; PROVIDINGA SAVING CLAUSE, A GENERAL REPEALER CLAUSE,ANDANEFFECTIVEDATE. The City Commission wih conduct iao'(2) public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The firs( Public Hearing will ba held on TUESDAY AUGUST 5. 2008 AT 7.00 PM in Die Commission Chambers of City Hall, 100 N.W 1st Avenue, Delray Beach, Florida. If the proposed ordinance is passed on first reading, a serwnd Public Hearing will be held on TUESDAY. AUGUST 19 2008 AT T00 P M (or at any continuation of such mee0ng which N set by the Canmission) in the Commis- sbn Chambers at Gty Hal1,100 N.W.1 stAvenue, Delray Beach, Fbnda. Afl interested dozens are invited to attend the public hearings and comment upon the proposed adinarrce or submit Meirownmenb in wMing on or ~fae the dale of these hearings to the Plannkig and Zoning Departn~nL Far fuAtrer information a to obtain a copy of the proposed ordinance, please contal the Planning and Zonirg Deparhnent; City HaB, 100 N.W. 1st Avenue, Delray Beach, Forida 33444 (email at pzmail~mydehaybeach.com) a by ce9ir~ 5611243-7040), between the hours of 8:00 a.m. and 5:IXI p.m., Monday through Friday, excluding hdidays. Please be advised Mat 8 a person derides to appeal any decision made by Stp Gry Canmissan wiM respell to any matter considered al Mese hearings, such person may need to ensure that a vefiatim record includes Me teshrrany and evidence upon which the appeal is to be based. The Gty does rrot provide nor prepare such record pursuant to F.S. 286.0105. CITY OF DELRAY BEACH Chevelle D. Nubin, CMC City Clerk PUBLISH: Monday, July 28, 2008 Tuesday, August 12, 2008 Boca Raton/Delray Beach News cc~. l-~.n~~~~ a N E 0 3 0 0 0 M N N m a T -o -o 3 0 v N 3 z V m d e 0 m° CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO MODIFY THE DESCRIPTION AND PROVIDE FOR THE EXPANSION OF THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT The City Commission of the City of Delray Beach, Fonda, proposes to adopt the folbwing ordinance: ORDINANCE N0.33A8 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 4.5.9, °THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT", SUBSECTION 4.5.9(A), "DEFINED', AND BY AMENDING ARTICLE 4.7, 'FAMILYMIORKFORCE HOUSING°, SECTION 4.7.1, "DEFINITIONS", BY REPEALING SUBSECTION 4.7.1(p), °SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT" AND ENACTING A NEW SUBSECTION 4.7.1(p), 'SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT, TO MODIFY THE DESCRIPTION AND PROVIDE FOR EXPANSION OF THE SOUTHWEST NEIGHBORHOOD OVERLAY DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. The Cily Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regaMing the proposed ordinance. The first Public Hearing will be held on TUESDAY AUGUST 52808 AT 7.00 P.M. in the Commission Chambers al City Hall, 1~ N.W. 1st Avenue, Delray Beach, Florida. If the proposed ordinance is passed on firs) reading, a second Public Hearing will be held on TUESDAY AUGUST 19 2008 AT 7:00 P.M. (or at any continuation of such meeting which is set by me Commission) in the Commis- sion Chambers at City Ha11,100 N.W.1st Avenue, Delray Beach, Forida. All interested ci8zens are invited fo attend the public hearings and comment upon the promised ordinance or submit their canments in writing on or before the date of these hearings to the Planning and Zoning Oepadment. For fudher information or to obMin a copy o1 the proposed ordinance, please contact the Planning and Zoning Depadment, City Hall, 100 N.W. 1st Avenue, Delray Beach, Fbdda 33444 (email at pzmail@mydelraybeach.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 Oat if a person decides to appeal any decision made by the City Commdssion with respell to any matterconsidered ai these hearings, such person may need to ensure that a verba8m recoN includes the testimony and evidence upon which the appeal is to be based. The Cify does not provide nor prepare such record pursuant to F.S. 286.0105. CITY OF DELRAY BEACH Chevelle D. Nubin, CMC City Cleric PUBLISH: Monday, July 28, 2008 Tuesday, August 12, 2008 Boca RatonlDelray Beach News