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Ord 67-04 (' /'1 ORDINANCE NO. 67-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION 0)(4), "INCREASES TO HEIGHT REGULATIONS", TO LIMIT THE AREA IN THE CBD AVAILABLE FOR AN INCREASE IN HEIGHT AND TO MODIFY THE CRITERIA WHICH MUST BE MET TO SUPPORT AN INCREASE IN HEIGHT; 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 November 15, 2004 and voted 5 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 DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.4, "Base District Development Standards", Subsection (J)(4), "Increases to Height Regulations", 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: (''' /') (4) Increases to Height Regulations: (a) Prohibitions: There are no provisions which allow, nor is the Board of Adjustment empowered to grant, an increase of height for any purpose in the following zone districts: Single F amity (R -1) Districts Rural &sidential (RR) Agriculture (/1g) Mobile Home (MH) ÚJw Densi!J &sidential (RL) Medium Densi!J &sidential (RM) Planned &sidential Development (pRD) &sidentialOffice (RO) Neighborhood Commercial (NC) Professional and Office District (pO D) Conseroation District (CD) Open Space (OS) (b) Allowances: An increase, to a maximum height of sixty feet (60'), may be approved by the City Commission in any zone district not listed above when approved pursuant to the processing of a conditional use request and based upon a finding of compliance with each of enumerated criteria listed below. (i) That the structure is to be located in one of the following geographic areas: (1) Area "A" - all property located east of Congress Avenue and west of 1-95. (2) Area "B" - the property encompassed by the Delint DRI, with the exception of that portion platted as "Waterford Village"; along with property located west of S.W. 10th Avenue, south of Linton Boulevard, and east of 1-95. (3) Area "c" - the property encompassed by the boundary of Linton Boulevard, Wallace Drive, S.W. 10th Street, and 1-95. (4) Area "D" - the properties located south of Atlantic Avenue, north of S.W. 1st Street, west of S.W. 2nd Avenue, and east of S.W. 4th Avenue; and the properties located north of Atlantic Avenue, south of N.W. 1st Street, west of N.W. 1st Avenue, and east ofN.W. 3rd Avenue. 2 ORD. NO. 67-04 (" /~ (5) Area "E" - the property encompassed on the west by the F.E.C. Railroad, on the east by the Intracoastal Waterway, on the south by Allen Avenue extended to said easterly and westerly boundaries, and on the north to the northernmost boundary of the City. (6) Area "F" - the property located between the one-way pair system of Federal Highway (5th and 6th Avenues). (1) Area "G" - the property on either side of Linton Boulevard, extending 200 feet north and south of its ultimate right-of- way, extending from 1-95 to Dixie Highway. (8) Area "H" - the area bounded by Linton Boulevard on the south, the F.E.C. Railroad on the east, the combination of Southridge Road and Swinton Avenue on the north, and S.W. 4th Avenue on the west. (9) Area "I" - all property within the Central Core portion of the CBD (Central Business District) exeept for propen, 1}'Ïng ea3t of the Ifttraeoa3tti Watena" except for that portion within 150' of any zoning district which has a maximum height limit of 35'. measured from the property line of the CBD zoned property. (10) Area "J" - the property encompassed by Lindell Boulevard on the north, Federal Highway on the east, Dixie Highway on the west, and the City limits on the south. (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48 feet, except for the following situations: (1) An increase in intensity is allowed when the increase from 48 feet to 60 feet is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in intensity is only for the added residential use area; (2) An increase in intensity is allowed when there is a transfer of development rights pursuant to Section 4.6.20. 3 ORD. NO. 67-04 (" /,,\ (iii) That the increase in height is based on or will result in 6fte two, or more, of the following: (1) .1\. àemfiRstfable Reed that, in order to aeeommoæte the aamre of a partkulitr use or a partieular æatter or type of eoftstftu:tioa, a gfeater thaa aorma:l spaee bet'weea flOOfS Of heigh.t fif st0r, is aeee33M1, Of ill That workforce housing is provided within the development in a manner consistent with the provisions of Sections 4.7.5 (a) and (d): (2) That 50% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; ar (3) That for each foot in height above 48 feet, an additional building setback of two feet is provided from the building setback lines which would be established for a 48-foot tall structure. The additional setback is required from all setback lines (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, buildings in the CBD zone shall adhere to the setback requirements of that district": and. œ That a minimum of 50% of the gtound floor building frontage consist of nonresidential uses (excluding parking). 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 S. That this ordinance shall become effective immediately upon its passage on second and final reading. 4 ORD. NO. 67-04 (" / "\ ~ PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of '''~.t,h.''-~ ' 200~. 8æRl ~'- ATTEST ~S).~ City Clerk First Reading \~ It \ ~ Second Reading '\2\ \ffi 5 ORD. NO. 67-04 MEMORANDUM TO: FROM: MAYOR AND CITY COMMISSIONERS CITY MANAGER P1 AGENDA ITEM # \ C) ß - REGULAR MEETING OF JANUARY 4, 2005 ORDINANCE NO. 67-04 SUBJECT: DATE: DECEMBER 30, 2004 This Ordinance is before Commission for second reading and second public hearing for a City initiated amendment to Land Development Regulations (LDR), 4.3.40)(4), "Increases to Height Regulations" to limit the area in the CBD (Central Business District) available for an increase in height and to modify the criteria which must be met to support an increase in height in all areas where increases in height are allowed. The proposed amendment will enhance the recent amendment to the OSSHAD zoning district by creating a 150' buffer that will not allow an increase in height (between 48' and 60') where property zoned CBD abuts a zoning district having a maximum height of 35'. The increases in height only apply to the Central Core area of the CBD. Increases above 48' are currendy not allowed in the West Adantic Neighborhood and Beach District of the CBD. The amendment also modifies the criteria that must be met in order to increase height in the CBD as well as other areas where increases in height are allowed. The proposal is to eliminate the criterion that states that "a demonstrable need that, in order to accommodate the nature of a particular use or a particular matter or type of construction, a greater than normal space between floors or height of story is necessary" and include the following additional criteria: That workforce housing is provided within the development in a manner consistent with the provisions of Chapter 4.7.S(a) and (d) That a minimum of 500/0 of the ground floor building frontage consist of nonresidential uses (excluding parking) These will help achieve the City's need for workforce housing and discourage multi-story condominiums with ground level parking along the street frontage, which does not provide the pedestrian &iendly streetscape that is desired in the CBD. On November 15, 2004, the Planning and Zoning Board held a public hearing regarding this item. There was no public testimony. The Board voted 6-0 to recommend to the City Commission approval of the proposed amendment, 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.S(M) (Amendment to the Land Development Regulations). At the first reading on December 6, 2004, the Commission passed Ordinance No. 67-04. Recommend approval of Ordinance No. 67-04 on second and final reading. S:\City Clerk\agenda memos.Ord 67-04 Increases in Building HeightOl.04.05 TO: FROM: CITY COMMISSION DOCUMENTATION DAVID T. HARDEN, CITY MANAGER~ _ JEFFREY A. COSTEllO, ACTING D~LANNING AND ZONING MEETING OF DECEMBER 6, 2004 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO SECTION 4.3.4(J)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS CONCERNING INCREASES IN BUILDING HEIGHT IN THE CENTRAL BUSINESS DISTRICT (CBD) ZONING DISTRICT. @1 I SUBJECT: BACKGROUND This proposed amendment will further enhance the recent amendment to the OSSHAD zoning district by creating a 150' buffer (see attached map) that will not allow an increase in height (between 48' and 60') where property zoned CBD abuts a zoning district having a maximum height of 35'. The increases in height only apply to the Central Core area of the CBD. Increases above 48' are currently not allowed in the West Atlantic Neighborhood and Beach District of the CBD. The amendment also modifies the criteria that must be met in order to increase height in the CBD as well as other areas where increases in height are allowed. The proposal is to eliminate the criterion that states that "a demonstrable need that, in order to accommodate the nature of a particular use or a particular matter or type of construction, a greater than normal space between floors or height of story is necessary." This particular criterion is ambiguous and subjective, especially when it comes to the determining when "normal space between floors or height of a story is necessary". However, the proposal does include the following additional criteria: D That workforce housing is provided within the development in a manner consistent with the provisions of Chapter 4.7.5(a) and (d); and, D That a minimum of 50%) of the ground floor building frontage consist of nonresidential uses (excluding parking); These will help achieve the City need for workforce housing and discourage multi-story condominiums with ground level parking along the street frontage, which does not provide the pedestrian friendly streetscape that is desired in the CBD. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted in the attached Planning and Zoning Board staff report, the proposed amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. PLANNING AND ZONING BOARD CONSIDERATION At its meeting of November 15, 2004, the Planning and Zoning Board held a public hearing regarding the proposed text amendment. There was no public testimony regarding the proposal. After discussing the amendment, the Board voted 6-0 (Kincaide absent) to recommend to the City Commission approval of the proposed amendment to the Land Development Regulations (LDRs) Section 4.3.4(J)(4)(lncreases to Height Limitations), 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 criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDED ACTION By motion, move to approve the amendment to the Land Development Regulations (LDRs) Section 4.3.4(J)(4)(lncreases to Height Limitations), 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 criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on January 4, 2005. Attachment: Proposed Ordinance & Planning and Zoning Board staff report of November 15, 2004. \oF I L A K E -- -- -- -- -- - I.-- - I----;;;; -- - I.-- - I--- _ L...-- -I C= F~ ~ I..- _tI CF ÆNNIS STADIUM SOUTH COUNTY COURT HOUSE I--- - I--- - ~- ~ f-- Ii III T MERRITT PARK OSR ST. ~ ~J /I · ,~ - - --i :I: ----l f-===1 . Ë ill ..[;~ ~ r- N.E rr~ ~il= ~~¡;/~ tI§- ~ ~ r¡ I J l-J :=:- ~~!§;:=! ~ I/Jrit f-- f-- ~f-- HI fll >--~ g ~ ..;rfiN'E·II~ -...:. E.::;JË c :Z Z. ~I---I--- I-- A ANTIC >- AZA If¡ ~ :=~Ë ~ CF []I] DIIIllJ~ I niP 1 I [0[[ A T LAN TIC A V E N U ETTTrtrn- IJ C IT] ITIIID ITIIIID il~l~ 1ST - a... . 1..1 ......' 1. I r1"7/-'-'rr I -au- ~ ~~ '/¥~ § -~ = iJ r I " --:: S.E. - Þ ( ~ I D A IHI R 0 A D CASON METHODIST CHURCH - - - .. I.- . 1"-' CITY ATTORNEY BUILDING DR1\IE CITY HALL COMMUNITY CENTER ,., OLD SCHOOL 1J00~E 1_- ~I\f' 5.E. ~]IT JI[ ~ ~ITIIID r--'7 t-- >- I-- c( - I--- I-- I--- I--- f-- f-- i .......- CF I T I II I--- I--- ~ -- I-----' - ...-- ~ I-- í~ ~E'I N PLANNING DEPARTMENT CITY OF' DELRAY BEACH, F'L - - O/CffA! BASE MAP SYSTEM -- I~I~ ~-----rR I, ~I L::::ír J l rl --....- N .'- r--- ~ ...J < 0:: w C ~ mr ...2!= ~ ~~ r--- ~LI .. f-- r--" 1"1" f-- ~ f-- I-- - hI-- I-- 2ND A I--- i ~ < i FIO£UTY F£ŒRAL ;r: BANK I/') ..; III ujl--- 0-.~ ,~ "" l'-Y .,' t--- 5.E. 10 I - --== . - - l1:li .. .. I.' - - - I ;lac z f-- 10- f-- f-- .f-- f-~ HJ , I I I . . - .... 'b~~ z ..; III ItrrTT"f 4TH III I I II 1 I 1 Ir 1;;1 . I UI .. " " :'\ '--- 1-----1 N,E. ~ I I--- _ ~" ~......~,,~ I-- ~ -I--- ~f-- i=-t:= t=~ I . -~ -- :~ ~ .1=1 ~ I J r= -, 1 II ~ . - AREA WHERE A MAXIMUM HEIGHT OF 60' IS CURRENTLY ALLOWED (THROUGH A CONDITIONAL USE PROCESS) - AREA PROPOSED WHERE HEIGHT CANNOT EXCEED 48' (ADJACENT TO DISTRICTS WITH A MAXIMUM HEIGHT OF 35') ... - AREA PROPOSED WHERE HEIGHT CANNOT EXCEED 48' (PER CITY INITIATED OSSHAD AMENDING ORDINANCE) 1 II II I 'i~ i=i IIz II , , .. I ~-- - - - e-- '-- I J - J \ rnpoA µ~ '---ll=! H 1 >- ZDq: 1//' ~ :== 1/ ~ w ~ ; r:-- ~~ - ~ 10 tl\ I 8/ ! ftT - -..--- ŒELRAY i ~~ ~~'1}J ~ " t=: ~~ IBA; '--~ ÆRRACE ~ CONDO III1 ~ I ..¡ '...-- ~ I ... ÆRANS PARK OS~ ¡ J -, ~r ,.--- r WAÆRWAY EAST I COMMERCIAL CONDO IJ ~ ~~ll - CONDO rotRAMAR L, ~ lIIIJ= ffffff= I~~ == -- - -- - I I--- - I-- ---- l:::=-= T -1 ( t: ~ "-. F 1 f--- t------ C/) '<:( o () '<:( ~ I SEAGAŒ I 1OO£RS -- fl T... INI" ~ =¡ =1 - - I..-~ L \NŒ - - "'\ r C,{s[] RlNj J ~ T . - APPROVED DEVELOPMENTS EXCEEDING 48 FEET IN HEIGHT VIA A CONDITIONAL USE PROCESS ~ - PROPOSED DEVELOPMENTS ~ EXCEEDING 48 FEET IN HEIGHT VIA A CONDITIONAL USE PROCESS MAP REF': UAA186 ORDINANCE NO. 67-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.3.4, "BASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION (J)(4), "INCREASES TO HEIGHT REGULATIONS", TO LIMIT THE AREA IN THE CBD A V AILABLE FOR AN INCREASE IN HEIGHT AND TO MODIFY THE CRITERIA WHICH MUST BE MET TO SUPPORT AN INCREASE IN HEIGHT; 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 November 15, 2004 and voted 5 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 DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.4, "Base District Development Standards", Subsection (J)(4), "Increases to Height Regulations", 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: (4) Increases to Height Regulations: (a) Prohibitions: There are no provisions which allow, nor is the Board of Adjustment empowered to grant, an increase of height for any purpose in the following zone districts: Single Family (R-l) Districts Rural Residential (RR) Agriculture (Ag) Mobile Home (MH) Low Density Residential (RL) Medium Density Residential (RM) Planned Residential Development (PRD) Residential Office (RO) Neighborhood Commercial (NC) Professional and Office District (POD) Conservation District (CD) Open Space (OS) (b) Allowances: An increase, to a maximum height of sixty feet (60'), may be approved by the City Commission in any zone district not listed above when approved pursuant to the processing of a conditional use request and based upon a finding of compliance with each of enumerated criteria listed below. (i) That the structure is to be located in one of the following geographic areas: (1) Area "A" - all property located east of Congress Avenue and west of 1-95. (2) Area "B" - the property encompassed by the Delint DR!, with the exception of that portion platted as "Waterford Village"; along with property located west ofS.W. 10th Avenue, south of Linton Boulevard, and east of 1-95. (3) Area "C" - the property encompassed by the boundary of Linton Boulevard, Wallace Drive, S.W. 10th Street, and 1- 95. (4) Area "D" - the properties located south of Atlantic Avenue, north of S.W. 1st Street, west of S.W. 2nd Avenue, and east of S.W. 4th Avenue; and the properties located north of 2 ORD. NO. Atlantic Avenue, south ofN.W. 1st Street, west ofN.W. 1st Avenue, and east ofN.W. 3rd Avenue. (5) Area "E" - the property encompassed on the west by the F.E.C. Railroad, on the east by the Intracoastal Waterway, on the south by Allen Avenue extended to said easterly and westerly boundaries, and on the north to the northernmost boundary of the City. (6) Area "F" - the property located between the one-way pair system of Federal Highway (5th and 6th Avenues). (7) Area "G" - the property on either side of Linton Boulevard, extending 200 feet north and south of its ultimate right -of- way, extending from 1-95 to Dixie Highway. (8) Area "H" - the area bounded by Linton Boulevard on the south, the F.E.C. Railroad on the east, the combination of Southridge Road and Swinton Avenue on the north, and S.W. 4th Avenue on the west. (9) Area "I" - all property within the Central Core portion of the CBD (Central Business District) except f-or property lying east of the Intracoastal Watenvay, except for that portion within 150' of any zoning district which has a maximum height limit of 35'" measured from the property line of the CBD zoned property. (10) Area "J" - the property encompassed by Lindell Boulevard on the north, Federal Highway on the east, Dixie Highway on the west, and the City limits on the south. (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48 feet, except for the following situations: (1 ) An increase in intensity is allowed when the increase from 48 feet to 60 feet is for the purpose of accommodating residential use on the top floor of the structure; however, the 3 ORD. NO. Increase in intensity is only for the added residential use area; (2) An increase in intensity is allowed when there is a transfer of development rights pursuant to Section 4.6.20. (iii) That the increase in height is based on or will result in ene two, or more, of the following: (1 ) ~\ demonstrable need that, in order to aeeommodate the naMe of a partieular use or a particular matter or type of construction, a greater than normal spaee beh.veen floors or height of story is necessary; or ill That workforce housing is provided within the development in a manner consistent with the provisions of Sections 4.7.5 (a) and (d): (2) That 50% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; Øf (3) That for each foot in height above 48 feet, an additional building setback of two feet is provided from the building setback lines which would be established for a 48- foot tall structure. The additional setback is required from all setback lines (i.e., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, buildings in the CBD zone shall adhere to the setback requirements of that district-;- and. ill That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking). 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. 4 ORD. NO. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _day of ,200_. ATTEST MAYOR City Clerk First Reading Second Reading 5 ORD. NO. '''''''~_'':'!r. . ;"'1or(,;:':M~;.:or~i,:~~"'~.I't':;'=I"'(.~ØI!~oo!(.?'.~t~~~!Io,:,....:~~:t;."":¡!;-. ," .:.. : ,.r;;.~.""4! ~ .5.~~":&".... I ,.:~...~ ··.:~~!.",,'a(."¡.·f.~ .f:~"-..".: ::. ~~.:~..._ ..If:=-:¡;::".'J;-. .\,. I. . '~"'<~ ......~~¡;ê.:t.ti;¡~M··'...,·..~\.:;~,:··~ï.·~~~Ã,~. "'~A' ·:¡~~:~..:f¡··M·í:;.·~¡Õ,.41¡, -'~'~' ~:.' .. ~'~_.. ~~¿ -';;·~b.~1IN· 'ilLN· G·.... 'YA'''' ·N·D O· ·1 '. O··AR·· D·,·r¡;~-;:~-: ::.~: .. . ¿'1 .Þ.;-.'i!'·;;Øi¡.:"~·rOi')· -.r;~.I"\ .......¡ .1': -'. . .,"f.~~4~;·.:.::~;~k:;¡'·¡;~·!·iElBRÄ)JD~ûï(4~T~i=F-RÊRðRT·(· ::: :".; '.:: i~r.);ff::;. :~··;:~~~r~i~l.t: .~~~~'::":}.': ·.~.~~~:~t~· ·~~~~m¡.!)It;?~·:~. .::.~: .'~::...~.~~}(:~..- :... / >.: . :., DRRAYBEAOf ..~ AHnIerIcaCIIJ \ III I! 1993 2001 DElRAYBEACH ~'-'''''~. ifiir 1993 2001 MEETING DATE: NOVEMBER 15, 2004 IV.E. - AMENDMENT TO SECTION 4.3.4{J){4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS CONCERNING INCREASES IN BUILDING HEIGHT IN THE CENTRAL BUSINESS DISTRICT (CBD) ZONING DISTRICT. AGENDA ITEM: The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations Section 4.3.4(J)(4) to provide limitations on areas in the Central Business District (CBD) zoning district where increases in building height up to 60' are allowed as a Conditional Use as well as modifying the criteria for increasing height, pursuant to LOR Section 2.4.5(M)(5). ' Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to Amendments to the Comprehensive Plan. ~ ~~~i:~IIUf.'..~~·~~~f~"·.i'l:~:-:~-1::~:h~·:¡~'f.~ " . . ..'S".~~. "11" .....". .:.. -. . ......·'C:'.~~6f1i. ..~, .4.!.·"':, (. . I" I._ ,. .. . ..... . 'f~" ~. ..... . :.'C.. ....... '., ... ~ D D . ~ ...".< ..... ..' i."." .:. ., ~ - -..-:-;, . .. . ._____. ._. . .. .~ "::.;, "I ';.._~_~.__ I" "!.... '.:.. .. "'':,,",:::=:=:-_,:,_.. _ "'_"I' "'_"'': _~..: ;.."":'- :__.,:.:...:-~.-..:..: '::;:-",:,.----==.-:.:..,,:, ""__.. .. _. . I" ," . . ...... ..: _:.'" :_"': II. The City's building height regulations have an extensive history. The chronology is provided in the attached Exhibit A. The following background relates to the current height regulations. Most Recent Changes to Height Regulations: In 1988, an amendment was processed in response to a request for a variance to increase the building height for an office complex, as well as the City's "Policy Guide to the Land Use Element of the Comprehensive Plan" which called for revisions to the height regulations. The City Commission approved height regulations, which included a maximum height of 35' in residential zoning districts for single family, duplex dwellings, community/recreational and accessory structures. However, all other uses, such as multiple family dwellings, could have a maximum height of 48'. Provisions were also included which prohibited the Board of Adjustment from granting variances to the height limitation in these districts. The regulations allowed an increase in height up to 60' as a conditional use for limited geographical areas, subject to meeting certain criteria, and above 60' for special uses approved through the SAD (Special Activities District) process. Increases up to 60' applied primarily to industrial and commercial zoned properties along major roadways. With the adoption of the City's Land Development Regulations in October 1990, the maximum height for all structures, including multiple family dwellings, was limited to 35' in residential zoning districts. In 1995, the commercially zoned properties within the West Planning & Zoning Board Staff Report LOR Text Amendment - Increases to Height Limitations in CBO zone District Page 2 Atlantic Avenue Redevelopment Area were eliminated as an area where the building height could be increased to 60'. Attached are the current regulations as well as a map depicting the geographical areas where an increase may be requested (Exhibit B). In 2002, the City Commission adopted the Downtown Delray Beach Master Plan, which involved extensive community input and dialogue. One of the major concerns of the community related to the character of the downtown Delray Beach, especially as it relate to massing, scale and design of structures. In response to these concerns, the downtown design guidelines/development regulations were created and adopted earlier this year. LDR Amendment Analvsis: The City Commission has identified concerns over the recent intensity of development in the CBD Le. the proliferation of development requests and inquiries seeking conditional use approval for height exceeding the 48' height limit. Particular concern is noted relating to the impact of increases in height on less intense zoning districts which surround the CBD. In many cases these districts have a maximum height limit of 35', and in the case of OSSHAD have a character and development intensity which could be negatively impacted. This concern is being addressed in part by City Initiated lDR amendments to the OSSHAD district which seek to regulate the scale and mass of development and maintain the character of the district. These include a provision to eliminate the ability of lots which currently ·are zoned OSSHAD and subject to the CBD regulations from seeking increases in height. In addition, with the implementation of the recently adopted Downtown Design Guidelines any portion of a building exceeding 48' is required to provide a minimum setback of 41' along its frontage. At its meeting of November 2, 2004, the City Commission formally initiated the proposed amendment to the land Development Regulations to provide limitations on areas in the Central Business District (CBD) zoning district where increases in height up to 60' are allowed as a Conditional Use as well as modifying the criteria for increasing height. At that meeting a suggestion was to include a criteria that related to providing workforce housing. This proposed amendment will further enhance the recent amendment to the OSSHAD zoning district by creating a 150' buffer (see attached map) that will not allow an increase in height (between 48' and' 60') where property zoned CBD abuts a zoning district having a maximum height of 35'. The increases in height only apply to the Central Core area of the CBD. Increases above 48' are currently not allowed in the West Atlantic Neighborhood and Beach District of the CBD. The amendment also looks at tightening the criteria that must be met in order to increase height throughout the CBD as well as other areas where increases in height are allowed. The proposal is to eliminate the criterion that states that "a demonstrable need that, in order to accommodate the nature of a particular use or a particular matter or type of construction, a greater than normal space between floors or height of story is necessary." This particular criterion is ambiguous and subjective, especially when it comes to the determining when "normal space between floors or height of a story is necessary". This can change based Planning & Zoning Board Staff Report LDR Text Amendment - Increases to Height Limitations in CBD zone District Page 3 upon market conditions and is left to interpretation. Also, the 2001 Florida Building Code only requires 8' floor to ceiling height in many circumstances while recent proposals generally have greater then 9' floor to ceiling height and the development standards/design guidelines for downtown Delray Beach require a minimum 10' floor to ceiling height on the first floor with a minimum of 9' required for the upper floors. However, the proposal does include the following additional criteria: o That workforce housing is provided within the development in a manner consistent with the provisions of Chapter 4.7.5; and, o That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking); These will help achieve the City need for workforce housing and discourage multi-story condominiums with ground level parking along the street frontage, which does not provide the pedestrian friendly streetscape that is desired in the CBD. LDR Section 2.4.5(M)(5) (FindinQs): 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. These text amendments are consistent with and further goals, objectives and policies within the Comprehensive Plan which call for development and redevelopment of land to be complimentary to existing land uses as well as the policy relating to the adopted Downtown Delray Beach Master Plan. These include: Future Land Use Element Goal Area IIA ": Land within the Planning Area shall be developed or redeveloped, to enhance the existing quality of life, compliment existing Land Use and result in a mixed, but predominantly residential community with balanced economic base. Future Land Use Element Objective A -1.1: Property shall be developed or redeveloped, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. Future Land Use Element Policv C-4.2: 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 1-95 and A-1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the '\tillage like, community 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 Development 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. Planning & Zoning Board Staff Report LDR Text Amendment - Increases to Height Limitations in CaD zone District Page 4 The summary of the citizen's requests identified in the Downtown Delray Beach Master Plan included a statement concerning development at an appropriate scale. The recently adopted design guidelines will help provide the desired relief. However, the impacts that increases in height up to 60' have on the character of neighborhoods and properties, which have a maximum height of 35, that surround the CBO is a concern. These measures will assist in maintaining the character of the surrounding neighborhoods as well as the character of the CBO. The Housing Element of the City's Comprehensive Plan identifies the need for moderately priced housing in Delray Beach. Based upon recent housing price figures for Delray Beach, workforce housing is a critical need. In conjunction with other City efforts, the proposed amendment will assist the City in addressing this need. The Downtown Master Plan discussed at length how parking areas along the street frontage create dead space and do not provide the pedestrian friendly streetscape that is desired. While some parking along the street frontage is unavoidable, additional measures need to be taken to encourage mixed use development and discourage the ground level of building to be entirely parking. Based upon the above, the proposed text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. i~~'~~-="~L'~'~~_~~' .~~._,- _: ~~-.,:~_~~=, -.- ~~{~ff~~{~~!I£~~~~~t~I;!~l:~l~~~~:;_~\~: f~:~;::~; ~:~ii~~~~.~ ~ Community Redevelopment Agency: At its meeting of November 11, 2004, the CRA Board reviewed and recommended approval of the proposed LDR text amendment. Pineapple Grove Main Street: At its meeting of November 3, 2004, the PGMS Executive Board reviewed and recommended approval of the proposed LDR text amendment. Historic Preservation Board: At its meeting of November 3, 2004, the HPB reviewed and recommended approval of the proposed LDR text amendment. Downtown Development Authority: At its meeting of November 8,2004, the DDA Board reviewed and recommended approval of the proposed LOR text amendment (5-1), wit the following conditions: 1. That the criteria relating to the interior space enhancements not be included; and, 2. That the ground floor along the street frontage should be non-residential use and not parking. Planning & Zoning Board Staff Report LOR Text Amendment - Increases to Height Limitations in CBD zone District Page 5 -~~.&: .... - __ - __._. ....._. ._ ". .""Y.",\";-.. .1· ~ .". ... : . . ;;¡~') . ..... '). ,... . ""..... I...... .-, Ii:............ 11-. .... ! ......,. -':,. .........,.. -. . . 1. Continue with Direction. 2. Move to recommend to the City Commission approval of the attached amendment to the land Development Regulations (lDRs) Section 4.3.4(J)(4)(lncreases to Height limitations), 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 criteria set forth in Section 2.4.5(M) of the land Development Regulations. 3. Move to recommend to the City Commission denial of the attached amendment to the land Development Regulations (lDRs) Section 4.3.4(J)(4)(lncreases to Height limitations), by adopting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M) of the land Development Regulations. By motion, recommend to the City Commission approval of the attached amendment to the land Development Regulations (lDRs) Section 4.3.4(J)(4)(lncreases to Height limitations), 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 criteria set forth in Section 2.4.5(M) of the land Development Regulations. Attachments: · Map Showing Areas Where Height Increase to 60' is Permissible · location Map - Proposed 150' buffer in the CBD. · Exhibit A - Zoning and Height Regulations Chronology · Exhibit B - Proposed Amendment CIN OF DELRAY BEACH, FLORIDA ! :z .... -, ~ ,...J ,-J ~I ~I 5Ë1 r -- I I L__ I ~: 1 I >-1 ~I !JI 5ê1 -i L_ ! :z L-30 CANAL I I J ð a:: LAKE IDA :or:: <.> ~ a:: ~ L _ _ _ -I - -0""1 I I _______J ATlAN71C o ~ 5 ~ LOWSON BOllEVARD o o I :J:: UNTON BOULEVARD 1"'.... """"'%G í ~~ I I I í I L..__.J fit Ii! ~ u - - - - - - - - - - - -.- - - - - - - - -.-.- - L-38 CANAL ~ ~ ~ ~ ~ ::) 0 III ~ ~ ..... ~ ~ æ ~ ð fi1 CI) ~ &( G. LAKE /rJ.4 s.w. 2ND Sf. C-15 CANAL AREAS WHERE A MAXIMUM HEIGHT OF 60' /S ALLOWED PURSUANT TO A CONDIT/ONAL USE APPROVAL LDR SECTION 4.3.4 (J)(4)(b)(i) _ - OVERLAPPING AREA ~ ~ e ~ (Ij 10TH ~ ~ ~ ~ (Ij {:i I s , iif, I I , ~ ~ ~ ~ ~ ~ " ~ ~ ~ ...... ~ ~ ~ ONE MLE - -.- - - CITYLlMITS - - - - - GRAPHIC SCALE CITY OF DaM Y BEACH. R. PLANNING & ZONING DEPARTMENT FEBRUARY 2004 . - DIGITAL BASE IAN' SYSJBf -- EXHIBIT A Year Zoning District 1956 C-1 (Limited Commercial) C-2 (General Commercial) Permitted 100' max. Conditional Use NA 1967 C-1 C-2 100' max. NA 1976 CBO (Central Business District) - One block north and south of E. Atlantic Ave. 40' May, exceed 40' , based on meeting conditional use criteria. May exceed 40' up to 122' max. based on meeting conditional use criteria. 1972 C-1 SC (Specialized Commercial) 40' 30' C-1 SC 35' 30' May exceed 35' and 30' based on meeting conditional use criteria. 1981 CBD GC(General Commercial) SC CBD GC SC CBD GC SC NA 1986 45' or 4 floors NA 1990 Citywide Rezoning resulting in the current CBD boundaries 48' May exceed 48' in certain geographical areas, based on meeting conditional use criteria, but could not exceed 60'. May exceed 48' in certain geographical areas, based on meeting conditional use criteria, but could not exceed 60'. 1988 48' EXHIBIT B (4) Increases to Heiaht Reaulations: (a) Prohibitions: There are no provisions which allow, nor is the Board of Adjustment empowered to grant, an increase of height for any purpose in the following zone districts: Single Family (R-1) Districts Agriculture (Ag) Low Density Residential (RL) Planned Residential Development (PRD) Neighborhood Commercial (NC) Conservation District (CD) Rural Residential (RR) Mobile Home (MH) Medium Density Residential (RM) Residential Office (RO) Professional and Office District (POD) Open Space (OS) (b) Allowances: An increase, to a maximum height of sixty feet (60'), may be approved by the City Commission in any zone district not listed above when approved pursuant to the processing of a conditional use request and based upon a finding of compliance with each of enumerated criteria listed below. (i) That the structure is to be located in one of the following geographic areas: (1 ) Area "A" - all property located east of Congress Avenue and west of 1-95. (2) Area "B" - the property encompassed by the Delint DRI, with the exception of that portion platted as 'Waterford Village"; along with property located west of S.W. 10th Avenue, south of Linton Boulevard, and east of 1-95. (3) Area "C" - the property encompassed by the boundary of Linton Boulevard, Wallace Drive, S.W. 10th Street, and 1-95. (4) Area "0" - the properties located south of Atlantic Avenue, north of S.W. 1st Street, west of S.W. 2nd Avenue, and east of S.W. 4th Avenue; and the properties located north of Atlantic Avenue, south of N.W. 1st Street, west of N.W. 1st Avenue, and east of N.W. 3rd Avenue. (5) Area "E" - the property encompassed on the west by the F.E.C. Railroad, on the east by the Intracoastal Waterway, on the south by Allen Avenue extended to said easterly and westerly boundaries, and on the north to the northernmost boundary of the City. (6) Area "F" - the property located between the one-way pair system of Federal Highway (5th and 6th Avenues). (7) Area "G" - the property on either side of Linton Boulevard, extending 200 feet north and south of its ultimate right-of-way, extending from 1-95 to Dixie Highway. (8) Area "H" - the area bounded by Linton Boulevard on the south, the F.E.C. Railroad on the east, the combination of Southridge Road and Swinton Avenue on the north, and S.W. 4th Avenue on the west. (9) Area "I" - all property within the Central Core portion of the CBD (Central Business District) except for property lying east of the I ntr3 coast3 I '."\'ater\4Jay, except for that portion within 150' of any zonina district which has a maximum heiaht limit of 35'. measured from the property line of the CBD zoned propertv.. (10) Area "J" - the property encompassed by Lindell Boulevard on the north, Federal Highway on the east, Dixie Highway on the west, and the City limits on the south. (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48 feet, except for the following situations: (1 ) An increase in intensity is allowed when the increase from 48 feet to 60 feet is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in intensity is only for the added residential use area; (2) An increase in intensity is allowed when there is a transfer of development rights pursuant to Section 4.6.20. (iii) That the increase in height is based on or will result in ooe-two, or more, of the following: (1) ,^.. demonstrable need that, in order to accommodate the nature of a particular use or a particular matter or type of construction, a groater than normal space betvleen floors or height of story is necessary; or (1) That workforce housinQ is provided within the development in a manner consistent with the provisions of Chapter 4.7.5: (2) That 50% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; 9f (3) That for each foot in height above 48 feet, an additional building setback of two feet is provided from the building setback lines which would be established for a 48-foot tall structure. The additional setback is required from all setback lines (Le., front, side, and rear) for the portion of the building that extends above 48 feet. In lieu of this setback requirement, buildings in the CBO zone shall adhere to the setback requirements of that district. and. (4) That a minimum of 50% of the around floor buildina frontaae consist of nonresidential uses (excludina parki"na): ...--~"'" _..;c _'n- . in ... ~ 8 C\I M .m E ~ c ~ ~ CO) . .m E ~ f , ; :! ~, Æ >- f! i a: 8 ŒI . !§ u ~ ! i J c c: CQ/L!)(~6 CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS AMENDING SECTION 4.3.4, IIBASE DISTRICT DEVELOPMENT STANDARDS", SUBSECTION (J)(4), I'INCREASES TO HEIGHT REGULATIONS", TO LIMIT TH.E AREA IN THE CBD AVAILABLE FOR AN INCREASE IN HEIGHT AND TO MODIFY THE CRITERIA WHICH MUST BE- MET TO SUPPORT AN INCREASE IN HEIGHT The City Commission of the City of Delray Beach, Florida: proposes to adopt the following ordinance: - ORDINANCE NO. 67-04 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 SEalON 4.3.4, "BASE DIS- TRia DEVELOPMENT STANDARDS", SUBSEalON (J)(4), "INCREASES TO HEIGHT REGULATIONS", TO UMIT THE AREA IN THE CBD AVAILABLE FOR AN INCREASE IN HEIGHT AND TO MODIFY THE CRITERIA WHICH MUST BE MET TO SUPPORT AN INCREASE IN HEIGHT IN ALL AREAS WHERE INCREASES IN HEIGHT ARE ALLOWED; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFEalVE DATE. The City Còmmission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The ~rst Public Hearing will be held on MONDAY. DECEMBER 6. 2004. AT 7:00 P.M. in the Commission Chambers at City Hall, 100 N.W. 1 st Avenue, Delray Beach, Florida. If the proposed ordinance is passed on ~rst reading, a second Public Hearing will be held on TUESDAY. JANUARY 4. 2005. AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). All interested citizens are invited 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 information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1 st Avenue, Delray Beach, Florida 33444 (email at pzmail@mydelrqybeach com) or by calling 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECI- SION MADE BY THE CITY COMMISSION WITH RESPEa TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S. 286.0105. CITY OF DEÍRAY BEACH Chevelle D. Nubin City Clerk I PUBUSH: Tuesday, November 23,2004 Thursday, December 30, 2004 ' Boca Raton/Delray Beach News Ad#NS1104202 :-~~ ' CC '(ITv ,OF DE.LRAy,:BEAc.H-_'. ' _ ,', ,.: -ô - - __-:t:<~';..'i .-'- !v. ~ ~~~;. "-"i~~~;:~~?<'--,,,'~-i-~~-;_,-,-¡-~~-.~~~.:-~':Þ~-'· -,;.....,:-.-. -'-~.._- NO~ICE OF PR,q~º~tQ~:A~~p~MENT TO' ~'. :~'itTHE IAND:.DfVa4t_LATIONS ... AMENDINGSEèTl()~}4~3'.4, ~BASE DIST~ICT DEVE~~PME"!~~TA~DARDS", SUBSECTI9N (J)(4);./~I~ÇREASES TO HEI~HT R_EGULATIONSf},~r();lIMIT THE, " AREA IN THE CBD AVAILABLE FOR AN -" INCREASE IN HEIGHT 'AND TO MODIFY'" THE (RITERIA WHICH MUST BE MET T(l:_i;-, 'SUPPORT AN INCREASE IN HEIGHT' ,~ ORDINANCE NO. 67-04 'd ,~ ;0 a I» :;a a o . .<. o CD ~ CD ~ =z ;' Z '\' ~ 2 CD " So ~ z ~ - CD 3 CT ~ , r.) (,) ~ CD Co ;j <1> en Co ~ Z o < CD 3 CT ~ r.) ~ r.) o o .þ. . i C- o a I» ::J, ! n o 3 The City Commissiçm of the City of Delray Beach, Florida, proposes to adopt the following ordinance: 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 SEGION 4.3.4, "BASE DIS- TRIG DEVELOPMENT STANDARDS", SUBSEOlON (J)(4), "INCREASES TO HEIGHT REGULATIONS", TO UMIT THE AREA IN THE CBD AVAILABLE FOR AN INCREASE IN HEIGHT AND TO MODIFY THE CRITERIA WHICH MUST BE MET TO SUPPORT AN INCREASE IN HEIGHT IN ALL AREAS WHERE INCREASE~ IN HEIGHT ARE ALLOWED; PROVIDING A S~VING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFEGIVE 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 beld on MONDAY, DECEMBER 6.-2004, AT 7:00 P.M. in the Commission Chambers at City Hall, 100 N.W. 1 st Avenue, Delray Beach, Florida. If the proposed ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY. JANUARY 4. 2005. AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commission). - - All interested citizens are invited 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 furthèr information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Department, City Halt 100 N.W. 1 st Avenue, Delray Beach, Florida 33444 (email atpzmail@mydelraybeach.com) or by calling 561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday thr~ugh Friday, excluding holidays. PLEASE BE ADVISED THAT IF Ä PERSON DECIDES TO APPEAL ANY DECI- SION MADE BY THE CITY .cOMMISSION WITH RESPEG TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S. 286.0105. CITY OF DElRAY BEACH Chevelle D. Nubin City Clerk PUBUSH: Tuesday, November 23, 2004 Thursday, December 30, 2004 Boca Raton/Delray Beach News Ad#NS 1104202