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Ord 31-01ORDINANCE NO. 31-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE VII, "TRAFFIC CODE", CHAPTER 73, "PARKING SCHEDULES", SCHEDULE I. "TWO-HOUR/FOUR-HOUR PARKING ZONES", BY AMENDING SUBSECTION (B), "TIME LIMIT", TO PROVIDE THE PARAMETERS FOR PARKING ON ATLANTIC AVENUE FROM SWINTON TO A1A; PROVIDING FOR A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to extend the two-hour parking limitation from 8:00 a.m. to 6:00 p.m. to 8:00 a.m. to 8:00 p.m. on Atlantic Avenue from Swinton Avenue to State Road A1A, except for Sundays, Holidays and the days upon which the Delray Affair is held; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Title VII, "Traffic Code", Section 73, "Parking Schedules", Schedule I, "Two-Hour/Four Hour Parking Zones", subsection (B), "Time Limit" is hereby amended to read as follows: (B) Time limit. Parking or standing a vehicle in a designated space in the parking areas or zones described in subsections (A)(1) and (2) of this schedule shall be lawful for two hours. Parking or standing a vehicle in designated parking areas or zones described in subsection (A)(3) of this schedule shall be lawful for eight hours. The two-hour or eight-hour parking, whichever is applicable, shall be in effect every day between the hours of 8:00 a.m. and 6:00 p.m., except for the Veterans Park lot and Atlantic Avenue from Swinton Avenue to State Road A1A which shall be from 8:00 a.m. to 8:00 p.m. and except Sundays and holidays; provided that within the meaning of this section, the term holiday shall include New Year's Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, and the days upon which the Delray Affair is held. Section 2. hereby, repealed. That all ordinances or parts of ordinances in conflict herewith be and the same are Section 3. That should any section or provision of this ordinance, or any portion thereof, or 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. reading. That this ordinance shall become effective upon adoption on second and final SSED AND ADOPTED in regular session on second and final reading on this the __ of ,2001. ATTEST: City Clerk /__~_~day MAYOR First Reading 4/,//7/~! Second Reading 2 ORD. NO. ,fl/-o / MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM /0._0 - REGULAR MEETING OF MAY 1, 2001 ORDINANCE NO. 31-01 (EXTENDING THE TWO-HOUR PARKING REGULATION ALONG ATLANTIC AVENUE~ EAST OF SWINTON AVENUE TO STATE ROAD AIA) DATE: APRIL 27, 2001 This is second reading and public hearing for Ordinance No. 31-01 thereby extending the two-hour parking regulation along Atlantic Avenue, east of Swinton Avenue to State Road A1A, to 8:00 p.m. Currently the two-hour regulation along Atlantic Avenue, east of Swinton Avenue to State Road A1A is in effect until 6:00 p.m. Vehicles arriving as early as 4:00 p.m. could legally park in parking spots until 10:00 a.m. the following day. It is anticipated that this change, accompanied by enforcement until 8:00 p.m. will free up parking spaces on Atlantic Avenue for visitors. At first reading on April 17a, the City Commission passed the ordinance by a unanimous vote. Recommend approval of Ordinance No. 31-01 on second and final reading. nd Ref:Agmemo 14.Ord31-01.ExtentingParkingRegulation2 Reading.05-01-01 ciTYCOMMIS$10N DoCUMENTATiON'~' ~, ~ ,~:, ~,, ~,~ ,, TO: THRU: FROM: DAVID T. HA~~ ITY~G E R SUBJECT: MEETING OF APRIL '17,2001 AMENDING CHAPTER 73, "PARKING SCHEDULES" OF THE CITY CODE OF ORDINANCES BY EXTENDING THE TWO-HOUR PARKING REGULATION ALONG ATLANTIC AVENUE, EAST OF SWINTON AVENUE TO STATE ROAD A'IA, TO 8:00 PM. It is currently alleged that people employed East of Swinton Avenue in the vicinity of Atlantic Avenue are parking along Atlantic Avenue the entire evening forcing visitors and customers to park in either the Municipal Lots or use valet parking. In checking with several establishments in the area it appears that afternoon employee shifts start between 4:00 PM and 5:00 PM. The current two-hour regulation for Atlantic Avenue, from Swinton Avenue to State Road AIA, is in effect from 8:00 AM until 6:00 PM. Vehicles arriving as early as 4:00 PM could legally park in the parking spaces until 10:00 AM the following day, if desired (2 hours to 6:00 PM / regulation resumes at 8:00 AM / 2 hours to 10:00 AM). It is anticipated that this change, accompanied by enforcement until 8:00 PM, will free up parking spaces on Atlantic Avenue for visitors. The extension of this regulation until 8:00 PM would necessitate an amendment to the City Code of Ordinances' Chapter 73, "Parking Schedules" (Attached). Extending the two-hour parking regulation to 8:00 PM would minimize the aforementioned activity and create better availability for visitor parking. The regulations with respect to hourly limits in the Municipal Lots would remain the same, currently in effect between 8:00 AM - 6:00 PM. The issue was raised at the Development Services Management Group meeting (DSMG), on March 15, 2001 and the change was supported. To assure compliance, the City will provide extended enforcement. PARKING MANAGEMENT ADVISORY BO~J~D C~N$1DER~TmN!?~i;~;'i~ "~ ?i: '! The Parking Management Advisory Board, at their March 27th meeting, unanimously recommended approval of the extension of the two-hour parking regulation along Atlantic Avenue, East of Swinton Avenue to State Road A1A. I RECOMMENDED ACTioN · ~'~ ~'~1 By motion, approve on first reading the amendment to Chapter 73, ~Parking Schedules" of the City Code of Ordinances to extend the two-hour parking regulation until 8:00 PM along Atlantic Avenue from Swinton Avenue to State'Road A1A. Attachments: [3 Amendment to Ordinance ORDINANCE NO. 31-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE VII, "TRAFFIC CODE", CHAPTER 73, "PARKING SCHEDULES", SCHEDULE I. "TWO-HOUR/FOUR-HOUR PARKING ZONES", BY AMENDING SUBSECTION (B), "TIME LIMIT", TO PROVIDE THE PARAMETERS FOR PARKING ON ATLANTIC AVENUE FROM SWINTON TO A1A; PROVIDING FOR A GENERAL REPEALER CLAUSE; A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to extend the two-hour parking limitation from 8:00 a.m. to 6:00 p.m. to 8:00 a.m. to 8:00 p.m. on Atlantic Avenue from Swinton Avenue to State Road A1A, except for Sundays, Holidays and the days upon which the Delray Affair is held; and, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Title VII, "Traffic Code", Section 73, "Parking Schedules", Schedule I, "Two-Hour/Four Hour Parking Zones", subsection (B), "Time Limit" is hereby amended to read as follows: (B) Time limit. Parking or standing a vehicle in a designated space in the parking areas or zones described in subsections (A)(1) and (2) of this schedule shall be lawful for two hours. Parking or standing a vehicle in designated parking areas or zones described in subsection (A)(3) of this schedule shall be lawful for eight hours. The two-hour or eight-hour parking, whichever is applicable, shall be in effect every day between the hours of 8:00 a.m. and 6:00 p.m., except for the Veterans Park lot and Atlantic Avenue from Swinton Avenue to State Road AiA which shall be from 8:00 a.m. to 8:00 p.m. and except Sundays and holidays; provided that within the meaning of this section, the term holiday shall include New Year's Day, Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Christmas Day, and the days upon which the Delray Affair is held. Section 2. hereby, repealed. That all ordinances or parts of ordinances in conflict herewith be and the same are Section 3. That should any section or provision of this ordinance, or any portion thereof, or 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. reading. That this ordinance shall become effective upon adoption on second and final of PASSED AND ADOPTED in regular session on second and final reading on this the ~ ,2001. day ATTEST: MAYOR City Clerk First Reading Second Reading 2 ORD. NO. 31-01 DMSlON$ OF FLORIDA DEPARTMENT OF STATE Offic~ of Ihe S~cr~ry Division of Adrmm~trative Services I~vmon ~ Corporauons D~vtslon bf Cultural Atfairs D~v~sion of Election~ Dmslon of Historical Resomces Dl~asion of Library a=d Inlormatioa Senaces Division of Licensing MEMBER OF TIlE FLORIDA CABII~IET FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS April 20, 2001 I~hst~mc Florida Keys Preservation Board 1-1~stonc Palm Beach County Preservation Board Historic Pemacoh l~eservat, on Board H~stonc St Augustine Preservataon Board l'hstonc Tallahassee Preservation Board Ristonc Tampa/H~borough County Preservahon Board · RINGLING MUSEUM OF ART RECEIVED APR 2 4 2001 OFFICE OF THE CffY CLER}~ Ms. Barbara Garito, CMC Acting City Clerk Office of the City Clerk Post Office Box 2451 Daytona Beach, Florida 32115-2451 Dear Ms. Garito: This will acknowledge receipt of your letter dated April 17, 2001 and copies of Ordinance Nos. ~Fand 19-01, annexing property to the City of Daytona Beach, which were filed in this office on April 20, 2001. Liz Cloud, Chief Bureau of Administrative Code LC/mp RECEIVED CITY CLERK The Elliot Building FAX: (850) 488-7869 BUREAU OF ADMINISTRATIVE CODE 401 South Monroe Street * Tallahassee, Florida 32399-0250 · (850) 488-8427 WWW Address: http://www.dos.state.fl.us · E-Mail: election@maiLdos.state.fl, us [lTV DF I]ELI:: V I;;.;Ci; DELRAY BEACH 1993 CITY CLERK 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 May 21, 2001 Gary R. Nikolits Palm Beach County Property Appraiser's Office 301 N. 0live Avenue 52 Floor Govemmemal Cemer West Palm Beach, FL 33401 Re: Annexation - City of Delray Beach Dear Mr. Nikolits: Enclosed please find certified copies of Ordinances~ll~and 19-01, regarding property annexation to the City of Delray Beach. We have also attached the annexation briefs for the subject properties. These ordinances were passed and adopted on second and final readings by the Delray Beach City Commission, and recorded with the Palm Beach County Clerk of the This information is provided in accordance with Section 166.231 Florida Statutes, and Chapter 50 of the Code of Ordinances of the City of Delray Beach. If you have any questions, please do not hesitate to contact me at (561) 243-7051. Acting City Clerk Enclosures: Ordinance No. 31-00, Annexation Brief, Certification Ordinance No. 19-01, Annexation Brief, Certification S/lett~OO1/Anne~don - Appr'~se~'s Of'rice THE EFFORT ALWAYS MATTERS ORB 1 ;::~38E) Pg "~ 11 ])OROTHY H. WILKEN) CLERK PB COUNTY, FL [lTV OF I:IELRI:IY BER[H DELRAY BEACH NI-AmericaCity CITY CLERK 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 · 561/243-7000 CERTIFICATION I, BARBARA GARITO, Acting City Clerk of the City of Delray Beach, Florida, do hereby certify that the attached, ORDINANCE NO. 31-00 is a true and correct copy of the original of said document which was passed and approved on second reading in regular session of the City Commission of the City of Delray Beach, on December 5, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 9th day of March, 2001. Barbara Garito, CMC Acting City Clerk City of Delray Beach TIlE EFFORT ALWAYS MATTERS ORI~ 1;:~380 p§ 906 ORDINANCE NO. 31-00 ~ ORDI~.~CE OF THE CITY COMMISSION OF THE CITY OF D~ RAY BF_.~CH, FLORIDA, .~N~G TO THE CITY OF BF_.,~CH, A PARCEL OF ~ LOCATED AT THE SO--ST COR~F_,R OF LI~TON BOULEVARD .~D MILIT~Y TRAIL (COMMONLY KNOWN AS PALM COURT PLAZA), AS THE SAME IS MORE PARTICUI~RLY 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; PROVIDING FOR THE ZONING THEREOF TO PC (PLANNED COMMERCIAL) DISTRICT; PROVIDING A GENERAL REP~ CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, NME Hospitals, Inc. is the fee simple owner of a 14.19 acre parcel of land located at the southwest comer of Linton Boulevard and Military T~ail (commonly known as Palm Court Plaza); and WHEREAS, pursuant to the Agreement for Water and Sewer Service and Consent to Annexation and Stormwater Management Assessment executed on March 18, 1999, the City of Delray Beach intends to annex the subject property 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 WHEREdkS, 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 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 WHERF..AS, pursuant to T.F)R Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of August 21, 2000, and voted 6 to 0 to recommend that the annexation be approved with an initial zoning of PC (Planned Commerci,.,1) District, based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Scion · That the City Commission of the City of Dekay Beach, palm Beach County, Flog&, hereby annexes to said City the following described land located in Palm Beach County, Florida, which lies contiguous to said City to-wi~: A patcel of land situate in Section 26, Township 46 South, Range 42 East, Palm Beach County, Florida, being more particularly described as follows: Commencing at the Northeast comer of said Section 26, thence North 89 degrees 56'07" West along the North line of said Section, a distance of 65.01 feet to the westerly fight-of-way line of Military Trail and the point of beginning. From the point of beginning, thence along said westerly fight-of-way line South 01 degrees 02'12" West a distance of 19.00 feet to the beginning of a curve, having a radius of 5679.65 feet, {tom which a £acliM line beats South 88 degrees 57'58" West; thence southerly along the arc of said curve, subtending a central angle of 01 degrees 40'30", a distance of 166.04 feet to the end of said curve; thence South 00 degrees 38'18" West, a distance of 199.11 feet to the beginning of a curve, having a radius of 5779.65 feet, from which a racli,! line bears South 82 degrees 21'42" East; thence southerly along the arc of said curve, subtending a central angle of 01 degrees 36'00" a distance of 161.40 feet to the end of said curve; thence South 00 degrees 57'42" East a distance of 49.48 feet; thence, depatting from said fight-of-way line South 44 degrees 30'17" west a distance of 35.84 feet; thence South 89 degrees 58'17" West a distance of 849.35 feet; thence Not-th 00 degrees 0Y5Y' East a distance of 579.31 feet; thence South 89 degrees 56'07" East a distance of 20.00 feet; thence North 00 degrees 03'53" East a distance of 42.50 feet to the aforesaid north line of said Section; thence 'South 88 degrees 56'07" East along said Section line, a distance of 853.64 feet to the Point of Beginning. Together with the following described parcel: A parcel of land situate in Section 26, Township 46 South, Range 42 East, Palm Beach County, Florida, being more parfio,h,ly described as follows: Commencing at the Northeast comex of said Section 26, thence North 89 degrees 56'07" West along the north line of said Section, a distance of 65.01 feet to the westerly fight-of-way of Militarf Trail; thence along said westexly fight-of-way, South 01 degrees 02'12" West a distance of 19.00 feet to the beginning of a curve, having a radius of 5679.65 feet, from which a radial line beats South 88 degrees 57'58" West; thence southerly along the arc of said curve, subtending a central angle of 01 degrees 40'30", a distance of 166.04 feet to the end of said curve; thence South 00 degrees 38'18" West a distance of 199.11 feet to the begkming of a curve, having a radius of 5779.65 feet from which a radial line beats South 89 degrees 21'42" East; thence southerly along the arc of said curve, subtending a centzal angle of 01 degrees 36'00" a distance of I61.40 feet to the end of said curve; thence South 00 degrees 57'42" East, a distance of 49.46 feet to the point of beginning. 2 Ord. No. 31-00 ORB l~~ P§ 9~8 From the point of beginning and departing from said right-of-way line South 44 degrees 30'17" West a distance of 35.64 feet; thence South 89 degrees 58'17" West a distance of 892.09 feet; thence North 89 degrees 56'07" West a distance of 524.75 feet; thence North 44 degrees 56'07" West a distance of 35.36 feet; thence South 00 degrees 03'53" West a distance of 77.00 feet; thence South 89 degrees 56'07" East a distance of 549.80 feet; thence North 89 degrees 58'17" East a distance of 918.39 feet to the aforesaid westerly right-of-way line of Military Trail; thence North 00 degrees 57'42" West along said right-of-way line, a distance of 77.42 feet to the Po~t of Begi~nni'~-g. The subiect property is located at the southwest comet of Linton Boulevard and Mih~ Trai~.; containing 14.19 acres, more or less. Section 2. That the boundo~ies of the City of Delray Beach, Florida, axe 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 3. 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 requkred by Florida Statutes Chapter 197, and persons residing thereon shall be deemed dtizens of the City of Dekay Beach, Florida. Section 4. 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 8. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District PC (Planned Commercial) as defined by existing ordinances of the City of Delray Beach. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7, That should any section or provision of thi.~ ordinance or any portion thereof, any p~rag~aph, 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 declaxed to be invalid. 3 Ord. No. 31-00 OR~ 1E.:3~0 P~i 989 Section 8. As to annexation, the effective date of this ordinance shall be January 2, 2001. As to zoning and ]and use, the effective date shall be the date a final order is issued by the Depaziment of Comrnm~ity Affairs t~inding Comprehensive Plan Amendment 2000-2 in compliance in accor&mce with Chapter 163.3184, Florida Statutes, or the date a final order is issued by the Adrnini.~tration Cornmi.~sion finding the amendment to be in compliance in accordance with Chapter 163.3184, Flordia Statutes. the 5th da¥of ,December · PASSED AND ADOPTED in reg,,l~, session on second and final reading on this , 2000. ATTEST: City Clerk MAYOR First Reading November 21, 2000 Second Reading December 5, 2000 4 Ord. No. 314)0 ,, ORB :1. ~:::~ 3 8 0 THE KING J~ ~ , EMMANUEL i MONAS~RY CA THOLIC OF' ~ "2 CHURCH _ :l ST. CLARE ~_ CF CENT~.R V ~ I · D~RA Y ~ ~ TO~; C~NTER ~ LIN TON BOULEVARD , I ~ SOUTH COUNTY [ MEDICAL i J I CEN~R WAL-MART P C SOUTH COUNTY PROF. ~ ' POC ~' ~' ~ CEN~E C~DO "~:,'' ~/~'~"~' ';1~,,I~, ,~ ~ ~ ' I ~ ... ~...~ ..~ ~ , ' ~ I PALM COURT PLAZA ANNEXATION WITH INITIAL ZONING OF PC (PLANNED COMMERCIAL) -- D/C,/rA;..~,45~ MAF~ SV'~"W -- k~,= R-~= LU467 FROM: JEFFREY A. COSTELLO, PRINCIPAL PLANNER SUBJECT: MEETING OF NOVEMBER 21, 2000 CITY-INITIATED ANNEXATION WITH INITIAL CITY ZONING OF PC (PLANNED COMMERCIAl.) FOR PALM COURT SHOPPING CENTER~ LOCATED AT THE SOUTHWEST CORNER OF MNTON BOULEVARD AND MILITARY TRAIL. The property under consideration is an unplatted 14.19 acre parcel which contains the Palm Court Shopping Center. On February 3, 1981, an Agreement for Water and Sewer Service was executed for the subject property as well as for the adjacent medical office and hospital developments. The shopping center was constructed in 1985, and City water and sewer facilities extended to the development.. On March 18, 1999, the Agreement for Water and Sewer Service was amended and included paragraphs, which gave consent for future annexation and assessment of a storm water assessment fee. The Agreement was processed in conjunction with a proposal to expand the medical center (Delray Medical Center). The agreement states that the overall development will be annexed in phases with the subject property to be annexed by March 31, 2001, Delray Medical Center dudng the year 2005, Fair Oaks property by 2008,and Lago Vista property by 2011. The City is processing the FLUM amendment from County C/5 (Commercial - 5 units per acre) to City GC (General Commercial), and the Annexation with initial zoning of PC (Planned Commercial) pursuant to the referenced agreement. At its meeting of September 7, 2000, the City Commission approved transmittal to the Flodda Department of Community Affairs (DCA) the associated FLUM amendment for the property in conjunction with Comprehensive Plan Amendment 2000-2. There were no comments made by DCA with regard to the associated FLUM amendment, and it is scheduled for second reading at the December 5th City Commission meeting. If approved on first reading, the second reading of the rezoning ordinance will occur at the same meeting as the adoption of the Comprehensive Plan amendment. A full analysis of the Annexation, FLUM amendment and rezoning is provided in the attached Planning and Zoning Board staff report. The Planning and Zoning Board held a public headng on this item on August 21, 2000 in conjunction Comprehensive Plan Amendment 2000-2. There was no public testimony in support of nor in opposition to the request. The Board voted 6-0 to recommend approval of the proposed Annexation, FLUM amendment, and initial zoning of PC. R COMMENDED A cTION Approve on first reading the Annexation with initial zoning of PC (Planned Commercial) for the Palm Court Shopping Center, based upon positive findings with respect to Section 3.1.1 (Required Findings), Section 3.2.2 (Standards for Rezoning Actions), and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and set a public hearing date of December 5, 2000. Attachments: Planning and Zoning Board staff report of August 21, 2000 & Ordinance by Others