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Ord 35-09ORDINANCE N0.35-09 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 4,6,9, "OFF- S'I'REET PARKING REQUIREMENTS", SUBSECTION {C), "1<11:JMBER OF PARKING SPACES REQUIRED", SUB-SUBSECTION {$), "Iw11.JZTIPLE USES", PARAGRAPH {A), "SHA.RED PARKING", TO ALLOW THE UTILIZATION OF THE SHARED PA~FtI{.ING CALCULATIONS TABLE FOR MIXED-USE DEVELOPMENTS WHEN A RESIDENTIAL USE IS NOT PROVIDED, PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on June 15, 2009 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174{4){c}, the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and fi.~rthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopted the findings in the Planning and Zoning Staff Report; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CI:CY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.6,9, "Off-Street Parking Requirements", Subsection {C) "Number of Parking Spaces Required, Sub-Subsection {$} "Multiple Uses", Paragraph {a} "Shared Parking" of the Land Development Regulations of the Cade of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: {a) Shared Parkins: When a building or combination of buildings on a unified site or sites contains a mix of uses as categorized in the table below, ' , , ,the minimum total number of required parking spaces shall be determined by the following method: Multiply the required parking spaces far each individual use by the appropriate percentage listed in the table below for each of the designated time periods. Add the resulting minimum required spaces in each of the five vertical columns for the table. The minimum total parking requirement is the highest sum of the vertical columns, Shared Parking Calculations Table Use for multiple use projects Weekday Weekend Use Night Midnight to 6 A.M. DaY 9 A.M. to 4 P.M. Evenin ti P.M. to Midnight Dav 9 A.M. to 4 P.M. Evening 6 P.M. to Midnight Residential 100°lo b0°l° 90°l0 $0°!0 90°10 Office 5% 100% 10°l0 10°/a 5°l0 ComrnerciaURetail 5°l0 70°!0 90% 100°l0 ?0°to Hote] $0% $0°l0 1(}0°l0 $0°l0 100°l0 Restaurant 10°l0 50% 100°l0 50°l0 100°fo EntertainmentlRecreational (theatres, bowling alleys, etc) 10°l0 40% 100% $0°l0 100°fo Other 100°fo 100% ] 00°l0 100°lo 100°l0 For mixed use developments utilizing the shared parking calculations table, which contain both residential and non-residential uses, a minimum of one {1} parking space shall be reserved for each residential unit. These reserved spaces, or any spaces reserved far other uses, must be included in the "other" category and applied as 100°l° utilization. Furthermore, subsequent to the issuance of a Certificate of Occupancy {CU), the reservation of additional parking spaces will require a site plan modification and be subject to the provision of the minimum parking requirements. Section 3. That should any section or provision of this ordinance ar any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whale or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed, reading. Section S. That this ordinance sha11 become effective immediately upon its passage on second and final -2- Ord IYo. 35-09 PA3~~A,ND ADOPTED in regular session an second and final reading an this the 1 day of ~~~~~~;~~ , 2009. MA ATTEST: CITY CLERK First Reading h Second Reading ~ ``~ -3- Ord No. 35-09 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE; July 2$, 2009 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF AUGUST 4 2409 ORDINANCE N0.35-09 {SECOND READINGISECOND PUBLIC HEARING) ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider a city initiated amendment to Land Development Regulations (LDR Section 4.6.9, "Off-Street Parking Requirements", Subsection (C~, "Number of Parking Spaces Required", Sub-subsection ($), "Multiple Uses", Paragraph (A), "Shared Parking", to allow the utilization of the shared parking calculations table far mixed-use developments when there is na residential use. BACKGROUND At the first reading an July 21, 2009, the Commission passed Ordinance Na. 35-09. FLECOMMENDATION Recommend approval of Ordinance Na. 35-09 on second and final reading. http:!/vwvw.mydelraybeach.comlAgendaslBluesheet.aspx?ItemID=2426&MeetingID=214 $J1$/2009 ORDINANCE N0.35-09 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 4.6.9, "OFF-STREET PARKING REQUIREMENTS", SUBSECTION (C), "NUMBER OF PARKING SPACES REQUIRED", SUB-SUBSECTION (8), "MULTIPLE USES", PARAGRAPH (A), "SHAR.ED PARKING", TO ALLOW THE UTILIZATION OF THE SHARED PARKING CALCULATIONS TABLE FOR MIXED-USE DEVELOPMENTS WHEN A RESIDENTIAL USE IS NOT PROVIDED, PROVIDING A SAVINGS 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 June I5, 2009 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 Pian; and WHEREAS, the City Commission of the City of Delray Beach adopted the findings in the Planning and Zoning Staff Report; and, 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 4.6.9, "Off-Street Parking Requirements", Subsection (C} "Number of Parking Spaces Required, Sub-Subsection {8) "Multiple Uses", Paragraph (a) "Shared Parking" 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} Shared Parking: When a building or combination of buildings on a unified site or sites contains a mix of uses as categorized in the table below, x x s ~:e~ti~~; -dist}~is~ the minimum total number of required parking spaces shall be determined by the following method: Multiply the required parking spaces for each individual use by the appropriate percentage listed in the table below far each of the designated time periods. Add the resulting minimum required spaces in each of the five vertical columns for the table, The minimum total parking requirement is the highest sum of the vertical columns. Shared Parking Calculations Table Use for multiple use projects Weekday Weekend Use Nieht Midnight to b A.M, Aav 9 A.hL to 4 P.M. Evening 6 P.M. to Midnight ~ 4 A.M. to ~ P M Evenine 6 P.M. to Midnight Residential i44% 60°la 94°fo $4°l0 94% Ofi`ice 5°l0 144°l0 14% 10°!o S°lo CommerctaltRetail 5°la 'T4°lo 90% l44°l0 74°to Hotel 84°fo $0°l0 !04°I° $4°l0 144°l0 Restaurant 14% 50°fa 144°l0 54°fo 144% Entertainment(Recreationat theatres, bowlin alle s, etc 10°l0 44°l0 144°fo $4% 144°l0 Other 144°l0 144°l0 104°l0 144°l0 144°l° For mixed use developments utilizing the shared parking calculations table, which contain bath residential and non-residential uses, a minimum of one {1 }parking space shall be reserved for each residential unit, These reserved spaces, or any spaces reserved for other uses, must be included in the "other" category and applied as !0(}°!0 utilization. Furthermore, subsequent to the issuance of a Certificate of t}ccupancy {CQ), the reservation of additional parking spaces will require a site plan modification and be subject to the provision of the minimum parking requirements. Section 3. 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 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 AD©PTED in regular session on second and final reading on this the day of , 2{109. ATTEST: MAYC?R CITY CLERK. First Reading Second Reading Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST, DIRECTOR PLA.1*~IING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH; CITY MANAGER DATE: July 10, 2009 SUBTECT: AGENDA ITEM 10.F. -REGULAR COMMISSION MEETING OF JULY 21, 2009 ORDINANCE N0.3S-09 {FIRST READINGIFIRST PUBLIC HEARING) ITEM BEFORE COMMISSION Consideration of achy-initiated amendment to Land Development Regulations {LDRs} that will remove the requirement that a residential land use component be included in a mixed-use development before it is allowed to utilize the shared parking calculation, and to expand this shared parking option to mixed- use projects located anywhere in the City. BACKGROUND The LDRs currently allow mixed use buildings or combinations of buildings on a unified site to apply a shared parking calculation. The associated shared parking table [LDR Section 4.6.9(C)(8}{a)] assigns a percentage of utilization during the various time periods throughout the day. This calculation allows for the same spaces to be used at different times based upon the "peak period" of irnpactldemand. Current regulations require the project to have a _ residential component, and also limit the zoning districts within which the shared parking calculation may be applied. The current zoning districts that allow use of the shared parking calculation are the Central Business District (CBD), the GC (General Commercial) district, the Mixed Residential Office c4c Commercial (MROC} district, and the Planned Cor~unercial (PC) district. Requiring mixed use projects to include a residential component was a deliberate decision when the shared parking calculation was initially enacted. The primary reason was to ensure a residential component be encouraged in the downtown. Hotels and office space enhance a year round day time population to help support local businesses and are uses that are highly desirable in the downtown. Currently, if these uses do not contain a residential component, they are required to provide parking in excess of those required if the shared parking option were available. Combined hotel and office uses have varying peak parking times and should be able to benefit from the shared parking provisions. This amendment will allow this combination of uses to http:llmiweb0011Agendas/Bluesheet.aspx?ItemID=2382&MeetinglD=213 7/28/2009 Page 2 of 2 utilize this shared parking approach, F~EVIEW BY QTI~IERS The text amendment was considered by the Planning and Zoning Board on June 15, 2009, The Board unanimously recommended approval on a 4 to 0 vote, by adapting 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. RECOMMENDATION By motion, recommend approval on first reading of Qrdinance No. 35-09 for acity-initiated amendment to the Land Development Regulations, 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. http:Jlmiweb0011AgendasfBluesheet.aspx?1temID=2382&MeetinglD-213 712812009 PLANNING AND ZONING BOARD STAFF REPORT MEE'1lNG DATE: JUNE 15, 2009 AGENDA NO: V.D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS {LDR), BY AMENDING ARTICLE 4.6, "SUPPLEMENTAL REGULATIONS", SECTION 4.6.9, "OFF-STREET PARKING REQUIREMENTS" BY AMENDING SUBSECTION (C}{8}(A}, "SHARED PARKING", TO ALLOW THE UTILIZATION OF THE SHARED PARKING CALCULATIONS TABLE FOR MIXED-USE DEVELOPMENTS, REGARDLESS OF WHETHER THE MIX HAS A RESIDENTIAL COMPONENT. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations {LDRs} that will remove the requirement that a residential land use component be included in a mixed-use development to allow utilization of the shared parking calculation, and to expand this shared parking option to mixed-use projects anywhere in the City. 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. B AC KG RO U N DIAN ALY,S I S The LDRs currently allow mixed use buildings or combinations of buildings on a unified site to apply a shared parking calculation. The associated shared parking table [LDR Section 4.6.9(C}(8}(a}] assigns a percentage of utilization during the various time periods throughout the day. This calculation allows far the same spaces to be used at different times based upon the "peak period" of impact/demand. Current regulations require the project to have a residential component, and also limit the zoning districts within which the shared parking calculation may be applied. The current zoning districts that allow use of the shared parking calculation are the Central Business District (CBD}, the GC (General Commercial} district, the Mixed Residential Office & Commercial {MRC?C}district, and the Planned Commercial (PC}district. Requiring mixed use projects to include a residential component was a deliberate decision when the shared parking calculation was initially enacted. The primary reason was to ensure that redevelopment projects included a residential component in the downtown. Hotels and office space enhance a year round day time population to help support local businesses and are uses that are highly desirable in the downtown. Currently, if these uses do not contain a residential component, they are required to provide parking in excess of those required if the shared parking option were available. Combined hotel and office uses have varying peak parking times and should be able to benefit Pram the shared parking provisions. Planning and Zoning Board Meeting, June 15, 2049 LDR Amendment -Shared Parking Calculation The uses that are included and remain unchanged in the shared parking calculation table are: • Residential • Office • CommerciaVRetail • Hotel • Restaurant • Entertainment/Recreational • Other Not all zoning districts are currently eligible to apply shared parking. Current regulations limit it to the following zoning districts: • CBC-Central Business District * GC-General Commercial • MROC-Mixed Residential Office & Commercial District • PC-Planned Commercial This ordinance will expand the shared parking option to the following districts: • NC-Neighborhood Commercial RT-ResortlTourism • POC-Planned Office Center • POD-Professional and Office District • PCC-Planned Commerce Center MIC-Mixed Industrial and Commercial • I-Industrial • CF-Community Facilities OSSHAD-Old School Square Historic Arks District • SAD-Special Activities District • LI-Light Industrial • CBD-RC-Central Business District- Railraad Corridor REQUIRED FINDINGS 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 Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and the following goals, objectives andlor policies are identified: Objective C-3 The Central Business District {CBD} and surrounding neighborhoods, including A-1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e, a "village by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shoji be pursued in the achievement of this objective. Policy C-3.1 The Central Business Distric# {CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ^ deletion of inappropriate uses ^ incentives for locating retail on the ground floor with office and residential use on upper floors 2 Planning and Zoning Board Meeting, June 15, 2009 LDR Amendment -Shared Parking Calculation ^ accommodating parking needs through innovative actions ^ incentives for dinner theaters, playhouses, and other family oriented activities ^ allowing and facilitating outdoor cafes ^ incentives for mixed use development and rehabiiitafions ^ elimination of side yard setback requirements ^ allow structural overhang encroachments into required yard areas Policy C-3.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between I-95 and A-1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Develapment Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The proposed ordinance is consistent with the above policies in that parking needs will be accommodated through innovative actions, and that incentives are provided far mixed use developments and rehabilitations. REVIEW BY OTHERS This item was presented to the following advisory boards and they offered their recommendations as follows: The Downtown Development Authority reviewed this item at their regular meeting on June 8, 2009 and unanimously recommended approval. The Community Redevelopment Agency reviewed this item at their regular meeting an May 28, 2009 and recommended approval. Courfesv Notices Gaurtesy natives were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Gauncil Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.6.9, "off-street Parking Requirements" , by amending Subsection {C~{8)(a), "Shared Parking", to allow the utilization of the shared parking 3 Planning and Zaning 13aard Meeting, June 15, 2409 LDR Amendment --Shared Parking Calculation calculations table for mixed-use developments when a residential use is not provided, 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 farth in LDR Sectian 2.4.5(M} C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.6.9, "C3ff-street Parking Requirements" , by amending Subsection (C}{8}{a}, "Shared Parking", to allow the utilization of the shared parking calculations table for mixed-use developments when a residential use is not provided, ay adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Camprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5{M} (mofion to be made in fhe afffr~mafive). RECC3MMENDED ACTI{}N Recommend approval of the amendment to Land Development Regulations, Section 4.6.9, "Off- street Parking Requirements", by amending Subsection {C}(~}{a}, "Shared Parking", to allow the utilization of the shared parking calculations table for mixed-use developments when a residential use is not provided, by adapting the findings of fact and law contained in the staff report, and finding that the text amendment and appraval thereof is consistent with the Camprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M} Attachment: i Proposed ordinance Na. 35-09 i.OR-Shared Parking Remove Resid. Requirement- PZB-6-15-09 Q ro ' ~:.~ - C1T1~ CAF ~ELRA' NOTICE C~~ PR~PflED A~EN[~~E~T T THE LAND DEVE~:OPM~I~T REGULATIt?IV~ The Cify Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinances: ORDINANCE I+IO, 32»U9 AN ORDINANCE OF THE GITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE GITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4,4.13, "GENTRAL BUSINESS (CBD} .DISTRICT", SUBSECTION {B}, "PRINCIPAL USES AND STRUC- TURESPERMITTED", TO GLARIFY TMATPUBLIC OPEN SPACE/PLAZA IS A PERMITTED USE IN "THE CENTRAL BUSINESS DISTRICT; PROVIDING A SAVING GLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. CE NO AN ORDINANCE OF THE CTfY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE GITY OF DELRAY BEAGH, FLORIDA, BY AMENDING SUBSEC- TION 2.4.3{K}, "FEES", SUB-SUBSEGTION {1), "DEVEL- OPMENT APPLICATIONS", SUB-SUBSECTION. (3), "PERMIT FEES°, TO PROVIDE FOR AN INCREASE IN SUCH FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFEGTIVE DATE. ORDINANCE NO.35.49 AN ORDINANCE OF THE CITY COMMISSION ()F THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES," BY AMENDING SECTION 4.6.3, "OFF-STREET PARKING REQUIREMENTS°, SUBSEC- TION {C}, "NUMBER OF PARKING SPACES REQUIRED", SUB-SUBSECTION {8}, "MULTIPLE USES", PARA- GRAPH {A}, "SHARED PARKING", TO ALLOWTHE UTILI- ZAl1ON OF THE SHARED PARKING CALCULATIONS TABLE FOR MIXED-USE DEVELOPMENTS WHEN A RESIDENTIAL USE IS NOT PROVIDED, PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. ORDINANCE NL}. 3 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 4.3:4, °BASE DISTRICT: DEVELOPMENT STANDARDS°, SUBSECTION (K},. "DEVELOPMENT STANDARDS MATRIX", TO GRANGE THE" MINIMUM BUILDING SETBACKS FOR THE. RESIDENTIAL OFFICE {RO} DISTRIGT•, PROVIDING A SAVINGCLAUSE, 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 will be held an TUESDAY JULY 21 20Q~ ~'~ x'•00 P M in the Gommis- sion Gharnbers at City Ha11,100 N.W. 1st Avenue, Delray Beach, Floritla. If the proposed ordinance is passed on first reading, a second Public Hearing will be held on TUES" D.Y. AUGUST 4, 2009 AT 7:40 P.M. {or at any ~continua- kion ofsuch meeting which is set by the Commission} in the Commission Chambers at City Ha11,100 N.W.1st Avenue, Delray Bead, Florida. All ii~erested citizen$ are ihvifed to attend the public hearings 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 Department. For further iMamtation or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Depart rherit, City Hall; 100 N.W. 1st Avenue, Delray Beach, Florida 33444 {email at pzmail~mydeiraybeach.com} or by call'mg 561/243-7040}, tietween.ttre hours of 8:00 a.m. and 5:00 p,rh., Monday through Friday, excluding holidays. Flisase t7e aoviseii tliaf_if a ~i~on'deeides fa appeal any decision reads by the City Comirilssioti in+itlt respect to any matter considered at.these. hearings: such person may need to ensure that a verbatim' record includes; the testlroorry, artd° evidence upon which the: appeal i5 to be based. 'Tile Glty"does rfiit providerxir prepare siict tecord pursuant to FS:286:0105..:: ;' CITY OF DELRAY BEACH Chevelle D. Nubin, CMC; ` : . City Clerk .. ...:::... ..:.`:...::.;.;;,,.;: ;::'.:, PUBLISH., Tiiesdap; July'~4 2009 _ '; ..:.. ;lliuisdej+, July 3Q; 2ES69 _ "° _ :_ Delray BeachlB~a Ratan Nevis ',,'.; . '.