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Ord 65-04 ~, ::t-. :l-- f'() rn \ ~ 11111111111111111111111111111111 m 11111 II III 1IIIIlWm CFN 20040733370 OR BK 17950 PG 0719 RECORDED 12/29/2004 15:01:41 Palm Beach County, Florida Dorothy H Wilken, Clerk of Court Pgs 0719 - 724. (6pgsl ORDINANCE NO. 65-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF CONKLIN DRIVE AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF GC (GENERAL COMMERCIAL) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPEHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, New Rochelle Plaza, a New York general partnership is the fee simple owner of a 0.99 acre parcel of land located at the northwest corner of Conklin Drive and Military Trail; and WHEREAS, New Rochelle Plaza, a New York general partnership have requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of LR-3 (Low Residential3-du/ac); and WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ ac); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of November 15, 2004, and voted 6 to 0 to recommend that the requests be approved with an initial zoning of AC (Automotive Commercial), based upon positive findings; 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 changes are consistent with and furthers the 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 DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: Lots 1,2,3 and 4, Block 1 Rockland Park, Palm Beach County, Florida according to the Plat thereof recorded in Plat Book 24, Page 23 of the Public Records of Palm Beach County, Florida, less the additional right-of-way for Military Trail (State Road 809) conveyed to Palm Beach County by deed in Official Record Book 4599, Page 799, Palm Beach County Public Records The subject property is located at the northwest corner of Conklin Drive and Military Trail. Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. 2 ORD NO. 65-04 Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial). Section 7. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 8. That Chapter Two of the Land Development Regulations has been followed in establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District AC (Automotive Commercial) as defined by existing ordinances of the City of Delray Beach. Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section to. 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 11. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. 3 ORD NO. 65-04 \ ~ P ASSE~ND ADOPTED in regular session on second and final reading on this the ~ day of ~ .2005... A TrEST 8~Y~R~ ~\.~. ~.~) City Clerk FirstReadin~ \~\...v. \~ Second Reading \?. \ ~ \ ~ 4 ORD NO. 65-04 ~ NESTING CANAL f\ r -~~ "' !/ '----> ~~ I ~ 'sf- /- ______!f ~ //1 o o I I I I 111~111111 ~ FERNDT I I i IDRr I I I ~ ~ EJ L-32 I I I ..I II ~<i ~u ~"' z ~g c=:~ ~-< t==~ II LAKt '" '" S> N CITY Of OaR"Y BEACH, fL f'lANN1NG &. ZONING OEPARTl.IENT -- OIGITAL BASE AlAP SYSTEM -- WAY I I CONKUN I ..l~ ~ ~' II WA TKINS MO TOR LINES PUBLIC SELr- STORACE ALERO w I I -r I It--- > << I-- ~-------- '" on N.W. ?i ;;C 0:: . _ r- ~ v'W. 5TH Cr. -----\ 121------...: DRIVE ,.11...1.1., 11111 III11 d , " , llllll~ J :r I L ~" IL.!.~ , (l1'\'JS .'111 . ~. N.w. .". Tl:;;;:r---,___ ___5n:; --Jj~ \}i ST I I 6TH / tit /'--- r--.... '--sf"" I I "--r DR.2F l~ 3RD CT. >- 0:: <C r- --' -~ :::;;- N. W. 3RD '" < \\ ~ , '- '--- ROSEAIRE RETREA T ~\) ;= -~~ 1--0 - "' ~~- - ~ -w~ -~- TIRE KINGDOM ANNEXATION (yW 1111 N. w. 3RD EXTRA CLOSET STORACE r- => o fJ) POST or-nCE FUTURE LAND USE MAP AMENDMENT FROM COUNlY LR-3C lOW RESlD~NTIAl 3 UNITS PER ACRE TO CI1Y GC (GENERAl COMMERCIAL) AND ANNEXATION WITH INITIAL ZONING OF AC ( AUTOMOTIVE COMMERCIAL) BOYS r-ARMERS MARKET SHOPPES Or- DELRA Y MAP REF": LU780 [ITY DF DElRRY BEA[H OELRAY BEACH ~ AII.America City "III! 1993 2001 CITY CLERK iOONW 1s\AVFNUE DELRAY BEACH, FLORIDA 33444 CERTIFICATION 561/243-7000 Q o c>~ j,_ ~r',~~ o ~;':'v..Q-;f;.. ~ '~'f\('::.L. \2) <:'"-'0";' . ,..,' ~ "'-....1ii- "'- "\?tf'lf' \--:-',.-o~ ...-0 :::\P~ ~ -:,~'O' <-o,?: t? -<W' v:> ,- '* .- I, CHEVELLE NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Ordinance No. 65-04, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 6th day of December, 2004. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 20th day of December, 2004. ~~.\\~ Chevelle Nubin City Clerk City of Delray Beach, Florida (SEAL) j.'~ -1 i ,_ \:\1/\ / r\~~, T T F n(~ (' /,\ ORDINANCE NO. 65-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF CONKLIN DRIVE AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF GC (GENERAL COMMERCIAL) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPEHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, New Rochelle Plaza, a New York general partnership is the fee simple owner of a 0.99 acre parcel of land located at the northwest comer of Conklin Drive and Military Trail; and WHEREAS, New Rochelle Plaza, a New York general partnership have requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (pLUM) designation of LR-3 (Low Residential 3-du/ ac); and WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and (' ~~ WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of November 15,2004, and voted 6 to 0 to recommend that the requests be approved with an initial zoning of AC (Automotive Commercial), based upon positive findings; 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 changes are consistent with and furthers the 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 DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: Lots 1, 2, 3 and 4, Block 1 Rockland Park, Palm Beach County, Florida according to the Plat thereof recorded in Plat Book 24, Page 23 of the Public Records of Palm Beach County, Florida, less the additional right-of-way for Military Trail (State Road 809) conveyed to Palm Beach County by deed in Official Record Book 4599, Page 799, Palm Beach County Public Records The subject property is located at the northwest comer of Conklin Drive and Military Trail. Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. 2 ORD NO. 65-04 II (" ~'" Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial). Section 7. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 8. That Chapter Two of the Land Development Regulations has been followed in establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District AC (Automotive Commercial) as defined by existing ordinances of the City of Delray Beach. Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 10. 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 11. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. 3 ORD NO. 65-04 (' ~'\ \ ~ P ASSE~ND ADOPTED in regular session on second and final reading on this the ~dayof ~ .20~. ATTEST fJæY~R~ ~~~L \).~ City Clerk FirstReading \~\.J. \~ Second Reading \ r;).. \ \..J \ ~ 4 ORD NO. 65-04 v o o I I I I FERNDALE NESTING CANAL ~ I \-t;. r }> - ^f-- ,.., , WAY êJ L-32 I I CONKLIN ~, ..J._ .1, 1,--' e:; II (~u ¡~< z ~o 'T--- 0 "--- ~ I ¡"--:3 II ( :t== ~ I , U ~-_.. ) !!; ¡---!:AkE ~g ~ /If ~ I,J S; n 1 i 1 i N OTY Of DURAY BEACH. fL PLANNING'" ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- ,1_.. .. RTH' Ä "'Srn( 'A' II , A " ., 11-;:-'1- I II II I" y ~ 1--'>' I I I ~ c----- « - \ I _ Ii'--- &_ ______./ N W r=== I~ :ri f=== « ~ r-- . ,>,---1 0::: 1 3= « ~Z - I- / N W 5TH CT / ~. I I I r iiiï'- ~. ~ NW < IU.:o. / I :;;Y-¡--..... __~ >- I ~7.-- o:::~ \~) 1 Y \ « ~I~ ~I~ - ~ N 'H. ::2:- PUBLIC SELF 5TO~£RO i DRIVE I I ¡ ~-J-::L-,~: ::L: ,t:~ I IIIII 1IIIIId 3RD l/ W. N W 3RD ..... CI) I I I I I I / fii [ I I '--r d~= w C/1 ërê z :::J C/1 DRIVE !. ~. '.".:_"-'._.:-J".~~: I-~ ::)1 EXTRA CLOSET STORAGE POST OFFICE BOYS FARMERS MARKET SHOP PES OF DELRA Y I 6TH I / 1 y 3RD CT. WA TKINS ^AD TOR LINES ~ \)RI'>Jt. v, ~ ov.. . ~ o (f) -, .IJ w > .. ST \~ ~ 3i Z ,'--- ROSEAIRE RETREA T ~) = ~~~ _ e-- f- a _ ë§ e-- It: '--- e-- f-- wI--- i-- 'j f-- f- I-- f- ,- TIRE KINGDOM ANNEXATION FUTURE LAND USE MAP AMENDMENT FROM COUNTY LR-3C LOW RESIDENTIAL 3 UNITS PER ACRE TO CITY GC (GENERAL COMMERCIAL) AND ANNEXATION WITH INITIAL ZONING OF AC ( AUTOMOTIVE COMMERCIAL) ~ .>... ;1 MAP REF. 1.M780 [ITY 01= DPCl~AY BEA[H DELRAY BEACH f l 0 I¡. :> A .... All-America City , III I! CITY CLERK .~ . . 1 ....:e, ,'- D¡=L::;",'~ BE4CH FL081DA 33444 561 :243· 7000 1993 2001 December 22, 2004 NOTIFICATION OF ANNEXATION Please find a copy of Ordinance No. 65-04 annexing property to the City of Delray Beach, which was passed and adopted on second and final reading by the City Commission in regular session on December 6, 2004. Ordinance 65- 04 will be recorded with the Palm Beach County Clerk of the Court. This infonnation is being provided in accordance with Section 166.231 of the Florida Statutes, and Chapter 50 of the Code of Ordinance for the City of Delray Beach. If you have any questions, please do not hesitate to contact the City Clerk's office at (561)243-7059. Sincerely, ~S).~~ Chevelle Nubin City Clerk Attachments: Ordinance No. 65-04 Annexation Brief r"'¡:, . '-' I. {L'," T,!~ EFFOPT .Ä.L.wtJyS M,II-;-"-r:pc.: [ITY DF DELRAY BEA[H DELRAY BEACH F lOR I D ... ....... AII·America City , , III! 1993 2001 ,,,.~ ,- I '....;,.." CITY CLERK DELRAY BEACH FLORIDA 33444 561/243-7000 i' . .:., ~\.'[-\·.LIE= CERTIFICATION I, CHEVELLE NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Ordinance No. 65-04, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 6th day of December, 2004. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 20th day of December, 2004. ~\).~~ Chevelle Nubin City Clerk City of Delray Beach, Florida (SEAL) T, EFF-QR1 ALWAYS MATT""c: (' /'1 ORDINANCE NO. 65-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF CONKLIN DRIVE AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF GC (GENERAL COMMERCIAL) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPEHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, New Rochelle Plaza, a New York general partnership is the fee simple owner of a 0.99 acre parcel of land located at the northwest comer of Conklin Drive and Military Trail; and WHEREAS, New Rochelle Plaza, a New York general partnership have requested by voluntary petition to have the subject property annexed into the municipal limits of the City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (pLUM) designation of LR-3 (Low Residential 3-du/ ac); and WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and (' ~'\ WHEREAS, the City's PLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequendy amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of November 15, 2004, and voted 6 to 0 to recommend that the requests be approved with an initial zoning of AC (Automotive Commercial), based upon positive findings; 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 changes are consistent with and furthers the 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 DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: Lots 1,2,3 and 4, Block 1 Rockland Park, Palm Beach County, Florida according to the Plat thereof recorded in Plat Book 24, Page 23 of the Public Records of Palm Beach County, Florida, less the additional right-of-way for Military Trail (State Road 809) conveyed to Palm Beach County by deed in Official Record Book 4599, Page 799, Palm Beach County Public Records The subject property is located at the northwest comer of Conklin Drive and Military Trail. Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. 2 ORD NO. 65-04 (' ~'\ , Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial). Section 7. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 8. That Chapter Two of the Land Development Regulations has been followed in establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District AC (Automotive Commercial) as defined by existing ordinances of the City of Delray Beach. Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 10. 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. I Section 11. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on tlus amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. 3 ORD NO. 65-04 (" ~'ì \ ~ P ASSE~ND ADOPTED in regular session on second and final reading on this the ~dayof ~ ,20~. ATTEST fJæY~R~ ~'5~.L \).~ City Clerk First Reading \ ~\.J. \ ~ Second Reading \ r;).. \ \..J \ ~ 4 ORD NO. 65-04 I ! ,,"-,.J .1 _II '_11_' ¡E~ II z p ~ ¡;;; ~ II \ ._, _ _ ,_ ,_,5.1: U 'I I I, I I. II v o o I I ¡ I N EST I N G êJ CANAL L-32 ~ I r }> ~ :»1-- fT1 r I II ~ DRIVE II ~~ ~, FERNDALE w (/) a:: z ::J (/) ¡ WAY WA TKINS IvIO TOR LINES ~BLlC SELF STORAGE I~L[RO -, CONKLIN ,1.. i I j 1 DRIVE i " , ,,1. J j,,_LI!~ \..:"1'.11_11_[1_'-_11.".1_ IIIII !TTì 11 d I' I I. ¡.:-;( 0 A' I I I lI~EO IR L II tll II I~.i:. .-" " r_I'.JI_I'.'I_ 1 II II ~ I 011\1,. OR\\I£ I- } kJr---LAkE ::J ~:s 0 ¡p Q (f) .,..".,,- ~._. .. ,_. : .11 1"'''-'- ,- LJ 'LIIVlJ ...) ~ ~ n if )' I,J s; /þ 1 Jt 1 1 1 N OTY OF DELRAY BEACH. FL PLANNING'" ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- t----''>' I I I I I I III ~ ;.--«- \ I c----- &,- ______. N. W r--~ > I I / 3= « ~ ~ ~:'N'5~;fl fl I~~ / I >-: ~:Ur-~ 0::: ~ \ I I I I fG- ~DI :DR~ 6TH '~ J L.J ST. « I- I 'H. I l.Y' W -i. ~Iii -~ 2- 3RD CT w > .., N. W. 3RD ST -r. 'õ '" EXTRA CLOSET STORAGE 3i z \...'--- POST OFFICE ROSEAIRE RETREA T BOYS FARMERS MARKET ~\II = ~-L~ -0- ~ _~f-- I- 0:: ~ f-- I- - wf-- I-- f--'jf-- '-- SHOPP£S OF onp A Y TIRE KINGDOM ANNEXATION FUTURE LAND USE MAP AMENDMENT FROM COUNTY LR-3C lOW RESIDENTIAL 3 UNITS PER ACRE TO CITY GC (GENERAL COMMERCIAL) AND ANNEXATION WITH INITIAL ZONING OF AC ( AUTOMOTIVE COMMERCIAL) MAP REF' UA760 ANNEXATION BRIEF FOR THE TIRE KINGDOM PROPERTY Property Control Number: 00-42-46-14-03-001-0010 Acreaae: 0.99 Acres. Number of Buildinas On-site: 1 Taxable Value: $353,477 Proiected Population Increase: -0- Owner's Address: Platzner International Group Ltd., 309 North New Rochelle, New York 10801. Property Address: 5005 Conklin Drive, Delray Beach, FI. 33447. County Land Use Desianation: LR-3 (Low Density Residential 3 du/ac). City Land Use Desianation GC (General Commercial). City Zonina Desianation: AC (automotive Commercial). Current Use of Property: Tire Kingdom, sales and installation of tires. MEMORANDUM SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # \0 t:> - REGULAR MEETING OF DECEMBER 6. 2004 ORDINANCE NO. 65-04 (ANNEXATION. SMALL-SCALE FUTURE LAND USE MAP AMENDMENT. AND REZONING) TO: FROM: DATE: DECEMBER 3, 2004 This Ordinance is before City Commission for second reading and a quasijNdicial hearing for Future Land Use Map Amendment (pLUM) from County LR-3 (Low Residential- 3 units per acre) to GC (General Commercial) and annexation with initial zoning of AC (Automotive Commercial) for a parcel of land within unincorporated Palm Beach County, located at 5005 Conklin Drive (northwest comer of Military Trail and Conklin Drive aka Tire Kingdom). The 0.99 acre property currendy has a CG/SE (Commercial General/Special Exception) zoning designation. The property consists of a tire store and automobile repair facility and is located within the City's Planning Area (puture Annexation Area) and the owner is seeking voluntary annexation at this time. On November 15,2004, the Planning and Zoning Board held a public hearing in conjunction with the request. A few members of the public spoke in opposition. They were concerned with truck traffic, loitering, and noise associated with the facility as well as any future expansion. There were also concerns noted that Tire Kingdom is not complying with the hours of operation stipulated with the County agreement (8:00 a.m. - 5:30 p.m.). The Board voted 6-0 to recommend that the request be approved 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 Land Development Regulations (LDR) Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1 (Required Findings), and Section 3.2.2 (Standards for Rezoning Actions) subject to the conditions set forth in Palm Beach County Resolution No. R-85-394. At the first reading on November 16, 2004, the City Commission passed the Ordinance No. 65-04. Recommend approval of Ordinance No. 65-04 second and final reading. S:\ûty Clerk\agenda memos\0n:I65.04.Ttre Kmgdom.1206.04 01\ ~ , TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION DA~R PAUL DORLlNG, DIR OR OF PLANNING AND ZONING ESTELlO BRETO, SENIOR PLANNER ~ (U ~ MEETING OF NOVEMBER 16, 2004 ANNEXATION. SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM COUNTY LR-3 (LOW RESIDENTIAL - 3 DUlAC) TO CITY GC (GENERAL COMMERCIAL), AND REZONING FROM COUNTY CG/SE (COMMERCIAL GENERAUSPECIAL EXCEPTION) TO AC (AUTOMOTIVE COMMERCIAL) FOR A 0.99 ACRE PROPERTY LOCATED ON THE WEST SIDE OF MILITARY TRAIL, APPROXIMATELY 1000 FEET SOUTH OF LAKE IDA ROAD. I BACKGROUND The 0.99 acre property is currently located in unincorporated Palm Beach County and has a CG/SE (Commercial General/Special Exception) zoning designation. The property is located within the City's Planning Area (Future Annexation Area) and the owner is seeking voluntary annexation at this time. The subject property consists of a tire store and automobile repair facility. The repair activities are related to tire and wheel installation, including wheel balancing and brake repair. The hours of operation are from 8:00 A.M. to 5:30 P.M. Tire kingdom was established in the County via Resolution NO.R-85-394 approved on March 5, 1985. This resolution approved zoning petition 84-128, a Special Exception to allow a tire store and automobile repair facility to operate on Lots 1, 2, 3, and 4, Block 1, Rockland Park in Section 14, Township 46 South, Range 42 East. ~ PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board (P & Z) will consider the request at their November 15, 2004 meeting. The findings and recommendation of the P & Z Board on the Annexation, the FLUM amendment from County LR-3 (Low Residential - 3 du/ac) to City GC (General Commercial), and the initial zoning designation of AC (Automotive Commercial), will be provided at the City Commission meeting. ~ RECOMMENDED ACTION By motion, approve on first reading the ordinance for Annexation, the FLUM amendment from County LR-3 (Low Residential - 3 du/ac) to City GC (General Commercial), and the initial zoning designation of AC (Automotive Commercial), based upon the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan, and does meet the critena set forth in Sections 2.4.5(0) (5), 3.1.1 and 3.2.2 of the Land Development Regulations, and set a public hearing date of November 16, 2004. Attachments: Staff Report prepared for the P & Z meeting of November 15, 2004 \~ , N E . , L-~~ ¡r-1i ¡LJI CAN AL L-32 I I: N DTY OF DELRA Y BEACH. Fl PLANNING '" ZONING DEPARTMENT -- DICITAL BASE MAP SYSTEM -- ~}~:A :K,'/V S ;'/0 TOF? L!/\iE5 ~ ,OU3LtC CT SEL~ 5 -;-:)P;; ~E <oJ > 0( N W 3RD ST EXTR,~ CLOSET 5 TO,YAGE ;0 z Ii POST POSEAI,RE PE!.REA, T CJFFiCE " 80'(S FARMERS A,AA·h?KfT - ,-IIV I --' a <: o <>:: \ / , , , SHOpPES OF OEU?A Y w W .J TIRE KINGDOM ANNEXATION FUTURE LAND USE MAP AMENDMENT FROM COUNTY LR-3C LOW RESIDENTIAL 3 UNITS PER ACRE TO CITY GC (GENERAL COMMERCIAL) AND ANNEXATION WITH INITIAL ZONING OF AC ( AUTOMOTIVE COMMERCIAL) MAP REF LM780 ">, " ,', , : I; \~ .;0 \: r \ I I I I \ I I- . !II \ ;!¡ \ \ \ I ~I -1_ - _J\_-~ _ -f- ~-¡¡IL-'{ iÃ-R ;~'~}/~ ("A'e WDAD .ø.) I CONe "~AIfA to. ._.._.._1._.._.._..____.._.J!D'II"~_~~~ù_. ',,;~ ,~ " ~ .:~ :'j ~I :¡ ¡ , . ~ , . " ,"Î , 1 1: : , , ,- ' ~ " " ~ '. ' ;. ';'~:, """. ',' , ~. .,' '':' 'T' <0·1 , " " ,.{1 '! : I , ~ " ',' '~t -------------.." ,-----.. ,/ ! , , , , , , , . , , , , , , , , , I ..1..-_ L___-;.-__ : -¡ ~, I: " .j \\ , '.........---- ¡!Ir- ~~ ñJ'rl """ . ~ ¡!I r- ~ 8~ ~ :>;... ') ¡!Ir- 00 ~;: 'A V r . 1:-: \: i~ ~~ ,r- i ¡;t!r-~ 8~ :>;", i ¡!Ir- ~~ ~ sourHBOUNO ,... "CO NORrH80UNO II AYe ø ~§!51 !ã §~~ q¡¡ !~~~I s~ I \ I I \ I I --l 1~ -¡ <: o -- ----t""--n !si !'> ~ " r- » -; -; ,.,., ~ *, ï.. ,= Dr . : n /" Y III \1 I~ ¡;~ I [" I ¡;~ I o-"'-u ~i I . ~ ~ r COle CUIr II curD I ~ ~ _.L> +- ORDINANCE NO. 65-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF CONKLIN DRIVE AND MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIP AL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING AN OFFICIAL LAND USE DESIGNATION OF GC (GENERAL COMMERCIAL) FOR SAID LAND TO THE FUTURE LAND USE MAP AS CONTAINED IN THE COMPEHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; PROVIDING FOR THE ZONING THEREOF TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, New Rochelle Plaza, a New York general partnership is the fee simple owner of a 0.99 acre parcel of land located at the northwest comer of Conklin Drive and Military Trail; and WHEREAS, New Rochelle Plaza, a New York general partnership have requested by voluntary petition to have the subject property annexed into the municipal limits ofthe City of Delray Beach; and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the City of Delray Beach, Florida; and WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the subject property hereinafter described is presently under the jurisdiction of Palm Beach County, Florida, having a County Future Land Use Map (FLUM) designation of LR-3 (Low Residential 3-du/ac); and WHEREAS, the Advisory Future Land Use Map designation for the subject property in the City of Delray Beach, Florida, is MD (Medium Density Residential 5-12 du/ac); and WHEREAS, the City's FLUM designations as initially contained on the City's Future Land Use Map adopted in November, 1989, and as subsequently amended, are deemed to be advisory only until an official Land Use Amendment is processed; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of November 15, 2004, and voted 6 to 0 to recommend that the requests be approved with an initial zoning of AC (Automotive Commercial), based upon positive findings; and WHEREAS, pursuant to Florida Statute 163.3 I 74(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the 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 DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wit: Lots 1, 2, 3 and 4, Block 1 Rockland Park, Palm Beach County, Florida according to the Plat thereof recorded in Plat Book 24, Page 23 of the Public Records of Palm Beach County, Florida, less the additional right-of-way for Military Trail (State Road 809) conveyed to Palm Beach County by deed in Official Record Book 4599, Page 799, Palm Beach County Public Records The subject property is located at the northwest comer of Conklin Drive and Military Trail. Section 3. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the 2 ORD NO. 65-04 City of Delray Beach are now or may be subjected, including the Stormwater Management Assessment levied by the City pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 5. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to current requirements and conditions. Section 6. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial). Section 7. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 8. That Chapter Two of the Land Development Regulations has been followed in establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District AC (Automotive Commercial) as defined by existing ordinances of the City of Delray Beach. Section 9. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 10. 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 11. That this ordinance shall become effective as follows: As to annexation, immediately upon passage on second and final reading; as to land use and zoning, thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the _ day of ,200_ 3 ORD NO. 65-04 ATTEST City Clerk First Reading Second Reading MAYOR 4 ORD NO. 65-04 CCiÆOLtLnY1¿ (~) C,C CITY OF DELRAY BEACH NOTICE OF ANNEXATION, REZONING AND LAND USE CHANGE ORDINANCE NO. 65-04 The COy CommIssion WIll condc<:t a PubI", Hearong on MONDAY, DECEMBER 6, 2004, I>J 700 PM In the Corrm,ssion dambers at Gty HaK, 100 N W ,,, A""",ue, Delroy Beac!., FIanda (Of at Œ1)' conlmuation of such moel"19 whod1 is selby the COy Com""SSIOO) Ai th.s meetmg the Gty Carnm'>s1O!1 WI" oonsider ame><ing bs property and adcptmg !his small scale amendment 10 the Future Land U", t.'op 01 the Camprehens.... PIœ and the rezol1lng The htIe 01 the enadmg ordinance IS - as fdlows . A smaD scale fVlure Land Use M:JpJFLUM) amendmenlFROM County [R·3 (LawRestdential-3 urnlsperaae) TOCifyGC ¡General Commemall, and rezonIng from Counly CGlSE (Comrnen:tal General/SpeaaI ExœpIíonI TO AC (AutcmotNe CommercIal) lor a 0 99 acre properly Ioca!ed on the we" SIde of Mololary TIOII, <WJOXIrnateIy 1,000 feet south 01 LaIœ Ida Road wlII"n unmco.porated Palm Beac!. County {Ioca!ed at 5005 CankJ,n Dme northwest oomer of MíIdc1ry T",,1 and CanId,n Dn"", alkl a Tire Kmgdom) ORIJIIIANCE NO. 65-04 AN ORDINANCE OF THE CITY COM.VdSSlON OF THE CITY OF DElRAY BEACH, RORIDA, ANNEXING TO THE ŒY OF DElRAY BEACH, A PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER Of CONKJJN DRIVE AND MlU- TARY TRAIL, AS MORE PARTICUlARLY DESCRIBED HEREIN, WHICH lAND IS CONTIGUOUS TO EXISTING MUNIOPAl LIMITS, REDEFINING THE BOUNDARIES OF THE CITY TO !NO.UDE SAID lAND, PROVIDING FOR THE RIGHTS AND OBUGATIONS Of SAID LAND, AFAXING AN OFFICIAL lAND USE DESIGNATION Qf GC ¡GENERAL COMMERCIAl) FOR SAID lAND TO THE FUTURE lAND USE MJ!4' AS CONTAINED IN THE COMÆHENSIVE PlAN, ElKTING TO PROCEED UNDER THE SINGlE HEARING ADOPTION PR<XESS FOR 5MAI1 SCAlE lAND USE PlAIIJ AMENDMENTS, PROVIDING FOR THE ZONING THEREOF TO AC ¡AUTOMOTIVE COMMERCIAl) DlSTRIO, PROVIDING A GENERAl REPEAlfR CLAUSE, A SA\~NG CLAUSE, AND AN EFFEOIVE DATE A MJ!4' (not to srolel DEPIOING THE GENERAL LOCATION OF THE PROPERTY TO ßE ANNEXED IS SHOWN mow A CCMPlETE lEGAL DESCRJPOON BY LOT AND SUBDIVISION AND/OR METES AND BOUNDS AND A œRY OF THE ORDINANCE HEREIN ABOVE NAMED CAN BE OBTAINED FROM THE. OFFICE OF THE OTY ClERK, OTY HAIl., lOON W 1 ST AVENUE, DElRAY BÇACH, RORIDA. '- r~----- MUNICIPAL cny UMnS Allmlerested atizens are 'I1V1ted 10 attend the p<Jbllc hea.ing and comment upon the proposed ordmance Of' submil th... commenls in wnhng an ar before the dale of thIS heanng 10 the Planl1lng and Zal1lng Department Far furthe. inlormahan Of' to obta,n a copy of the proposed ord,nance, please contact the Planning and Zoning Department. CIty Hall, lOON W Is/Avenue, Delroy Beach, f10nda 34.444 (emo, at pzmai@~rrwlannÙ1g or¡¡ Of' by caIImg 1561 )243·7Q.\0), i>etw-1 the hours of BOO a 10 and 5{)() p.m on...:e.kdays excluding holidays. PlFASE BE ADVISIÐ THATIF A PERSON DEODES TO APPEAL ANY DfCISION MADE BY THE ŒY COMMISSION WI1H RESPECT TO ANY MAlTER CONSIDERED I>J THIS HEARING, SUCH PERSON Will NEED Á VERllA.TIN\ RECORD OF THE PROCæDINGS, AND FOR THIS PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT A VERllA.TIN\ RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCWDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED THE ŒY DOES NOT PROVIDE OR PREPARE SUCH RECORD PURSUANT TO FS 286 0105 OTY OF OORAY I!EAOi . C1wdo D. Nobn City ClerIc PlJBUSH n-by, Na.enbor 23, 2004 Boca t!aIcn/DeIrat Beach News ÞDt NSI 104200 ... en "" '" <"> '" :>:> ä- ~ ~ ~ IX> co ~ :T :z: co :¡; '" I ¡:i ( ~. c. .~ Z o ,< ,co :3 'U ~ ~ ~ co c. :> co 8- ~ :z: ~ co 3 ~ N -~ N C> C> ~ . I i::r g ~ CO :E '" ¡, o 3