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Ord 62-05 ( " /",,\ ORDINANCE NO. 62-0S AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO EXPAND THE GEOGRAPHICAL LOCATION WHERE PRN ATE BEACH CLUBS ARE ALLOWED WITHIN THE RM ZONING DISTRICT; PROVIDING A SA VING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the I proposed text amendment at a public hearing held on July 18, 2005, and voted ~ to ~ 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 4.4.6, "Medium Density Residential (RM) District", Subsection 4.4.6(D), "Conditional Uses and Structures Allowed", 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: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District. I I ! I I ( " /"\ (1) Adult congregate living facilities and continuing care facilities. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (3) Child care and adult day care. (4) Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH). (5) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. (6) Convalescent homes, homes for the aged, nursing homes, and rest homes. (7) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (8) Single family detached residences in zero lot developments. (9) Yacht club with facilities. (10) Dock master facilities when associated with a multi-family development which has a marina. (11) Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the following areas: (a) the area lying south of Atlantic Dunes Park and east of State Road AIA. or (b) south of Casurina Road. north of Bucida Road. and east of State Road AlA. (12) Multiple family residential development may exceed twelve (12) units per acre, up to a maximum of up to twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(I), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. I I 2 ORDINANCE NO. 62-05 I I I I (" /"\ Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ~ '6 O~ ,2OOs.... i 8~!-oA I ATTEST ~~~Oo~ Acting City Clerk First Reading ~0O/~C:; Second Reading aE¥ Ilq! ~()~!S I 3 ORDINANCE NO. 62-05 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER[7l1~ \ SUBJECT: AGENDAITEM# \0-& - REGULAR MEETING OF AUGUST 16. 2005 ORDINANCE NO. 62-05 (SECOND READING/SECOND PUBLIC HEARING) DATE: AUGUST 12,2005 This ordinance is before Commission for second reading and second public hearing for a privately initiated amendment to Land Development Regulations (LDR) Section 4.4.6(D)(11), "Medium Density Residential (RM) District; Conditional Uses and Structures Allowed", to expand the geographical location where private beach clubs are allowed within the RM Zoning District. The amendment was submitted on behalf of the owners of the Seagate Beach Club to allow the inclusion of the Seagate Beach Club within the geographic area of the RM zone district where private beach clubs are allowed. The proposed amendment is as follows: "Private beach clubs with attendant recreational., dining, and related accessory facilities within one of the following areas: (a) south of Atlantic Dunes Park and east of State Road A-1-A, or (b) south of Casuarina Road, north of Bucida Road, and east of State Road A -1- A". The purpose of the proposed amendment is to provide an opportunity for the petitioner's Club to remove its non-confinning/ grandfathered status into that of a conditional use. The existing beach club will become a conforming conditional use, which will allow the owners to make an application to reconfigure it in a manner that is much more compatible with the surrounding area. A reconfiguration of the site will enable the driveway to be pulled back from the roadway, reducing the potential for traffic conflicts and congestion. This will be even more critical with the road widening scheduled to occur at that portion of A-1-A. Additionally, any new building will be a significandy better fit for the neighborhood. The Planning and Zoning Board held a public hearing at its meeting of July 18, 2005. There was public testimony from a person in support of the proposed changes. After discussing the amendment, 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 2.4.5(M) (Amendment to Land Development Regulations). At the first reading on August 2, 2005, the City Commission passed Ordinance No. 62-05. Recommend approval of Ordinance No. 62-05 on second and final reading. S:\Clty Oerk\agenda memoø\Ord 62-05 Pnvate Beach Clubs LDR 4.4.6 081605 - 4~ ~ CITY COMMISSION DOCUMENTATION I TO: DAVID T. HARDEN, CITY MANAGER ~ -{4L THRU: PAUL DORLlNG, DIRECTOR OF PLAN NG D Z~IN~~ FROM: JEFFREY A. COSTELLO, ASSIST ANT PLANNING DIRECT 0 SUBJECT: MEETING OF AUGUST 2, 2005 PRIVATELY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.6(D)(11) TO EXPAND THE GEOGRAPHICAL LOCATION WHERE PRIVATE BEACH CLUBS ARE ALLOWED WITHIN THE RM (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT. II BACKGROUND I ANALYSIS ! The privately-initiated amendment to Land Development Regulations was submitted on the behalf of the owners of the Seagate Beach Club to allow the inclusion of the Seagate Beach Club within the geographic area of the RM zone district where private beach clubs are allowed. LDR Section 4.4.6(D)(11) is proposed to be amended as follows. "Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the followinq areas: (a) south of Atlantic Dunes Park and east of State Road A-1-A, or (b) south of Casuarina Road, north of Bucida Road, and east of State Road A-1-A" (Underlined text highlights new language). "The purpose for the proposed amendment is to provide an opportunity for the petitioner's Club to remove its non-conforming/grandfathered status into that of a conditional use. The existing beach club will become a conforming conditional use, which will allow the owners to make an application to reconfigure it in a manner that is much more compatible with the surrounding area. A reconfiguration of the site will enable the driveway to be pulled back from the roadway, reducing the potential for traffic conflicts and congestion. This will be even more critical with the road widening scheduled to occur at that portion of A 1 A. Additionally, any new building will be a significantly better fit for the neighborhood. " Additional background and a complete analysis of the proposed LDR amendment are found in the attached Planning and Zoning Board staff report of July 18, 2005 ! PLANNING AND ZONING BOARD CONSIDERATION I At its meeting of July 18, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. There was public testimony from a person in support of the proposed changes. After discussing the amendment, 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 2.4.5(M)(5). II RECOMMENDED ACTION II Move approval on first reading the ordinance amending Land Development Regulations (LDRs) Section 4.4.6(D)(11) to expand the geographical location where private beach clubs are allowed within the RM (Medium Density Residential) zoning district as a conditional use, 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 August 15, 2005. Attachments: Proposed Ordinance & Planning and Zoning Board Staff Report of July 18, 2005 \Oß City Commission Documentation Amendment to LOR Section 4.4.6(0)(11) regarding Private Beach Clubs Page 2 ORDINANCE NO. 62-05 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO EXPAND THE GEOGRAPHICAL LOCATION WHERE PRIVATE BEACH CLUBS ARE ALLOWED WITHIN THE RM ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on July 18, 2005, and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.6, "Medium Density Residential (RM) District", Subsection 4.4.6(D), "Conditional Uses and Structures Allowed", 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: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District. (1 ) Adult congregate living facilities and continuing care facilities. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (3) Child care and adult day care. (4) Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH). (5) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. (6) Convalescent homes, homes for the aged, nursing homes, and rest homes. City Commission Documentation Amendment to LOR Section 4.4.6(0)(11) regarding Private Beach Clubs Page 3 (7) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (8) Single family detached residences in zero lot developments. (9) Yacht club with facilities. (10) Dock master facilities when associated with a multi-family development which has a marina. (11 ) Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the followinq areas: (a) the area lying south of Atlantic Dunes Park and east of State Road A1A. or (b) south of Casurina Road. north of Bucida Road, and east of State Road A1A. (12) Multiple family residential development may exceed twelve (12) units per acre, up to a maximum of up to twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(1), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200 . ATTEST MAYOR City Clerk First Reading Second Reading DElIAY BEAClt DELIAY B£ACH ~~·"¡"~4 PLANNING AND ZONING BOARD .~':Å'~" ~CIty -CIIy , 1111: MEMORANDUM STAFF REPORT 'IIII! 19113 1993 )()(JI lfIù1 MEETING OF: JULY 18, 2005 AGENDA ITEM: IV.F. - CONSIDERATION OF A PRIVA TEL Y -INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.6(D)(11) TO EXPAND THE GEOGRAPHICAL LOCATION WHERE PRIVATE BEACH CLUBS ARE ALLOWED WITHIN THE RM (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT. I! - I TE M BEFORE THE BOARD II - The item before the Board is that of making a recommendation to the City Commission regarding a privately-initiated amendment to the Land Development Regulations Section 4.4.6(0)(11) concerning Private Beach Clubs in the RM (Medium Density Residential) zoning district, pursuant to LOR Section 2.4.5(M)(5). Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. IL- ._.__._ - _n --- ____ . ___.__ _. .n___ ______ .-. -.. . . .1 --.- . .------- ..- --- ----...-- PROPOSED LDR AMENDMENT .... . --. -. --- . . .n .-- --- -.. ..-- The privately-initiated amendment to Land Development Regulations was submitted on the behalf of the owners of the Seagate Beach Club to allow the inclusion of the Seagate Beach Club within the geographic area of the RM zone district where private beach clubs are allowed. LOR Section 4.4.6(0)(11) is proposed to be amended as follows: "Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the followinq areas: (a) south of Atlantic Dunes Park and east of State Road A-1-A, or (b) south of Casuarina Road. north of Bucida Road. and east of State Road A-1-A" (Underlined text highlights new language). Attached is a copy of the applicant request/justification letter concerning the proposed LOR amendment; however the following excerpt from the request letter is provided: "The purpose for the proposed amendment is to provide an opportunity for the petitioner's Club to remove its non-conforming/grandfathered status into that of a conditional use. The existing beach club will become a conforming conditional use, which will allow the owners to make an application to reconfigure it in a manner that is much more compatible with the surrounding area. A reconfiguration of the site will IV.F. P&Z Board Memorandum Staff Report Amendment to LOR Section 4 4.6(0)(11) regarding Private Beach Clubs Page 2 enable the driveway to be pulled back off of the roadway, reducing the potential for traffic conflicts and congestion. This will be even more critical with the road widening scheduled to occur at that portion of A 1 A. Additionally, any new building will be a significantly better fit for the neighborhood. In terms of impacts on the surrounding area, the beach club use is compatible with the public beach to the north and the RM zoned property to the west, and the proposed improvements will improve compatibility with the single family zoning district to the south. " L----.--- _n__ .--==---=~_ .. ~.. B_~- c .~ G-~~_~_~_~___ -=-___. _ ___-=-__ ___~:JI --- ---------- --- - -- - . ------ - .--- -..---.- - - The Seagate Beach Club bas an extensive land use history, which dates back to the late 1930's. On May 11, 1959, the City Commission (then City Council) approved a site plan for the remodeling and additions to The Seagate Beach Club. At that time, the property was zoned R-3 (Multiple Family Dwelling District), which allowed hotels and apartment hotels as permitted uses. Subsequently, in the 1960's, the property was rezoned RM-1-A (Multiple Family Dwelling District), which allowed clubs and hotels as conditional uses. In 1972, the property was rezoned to RM-15, which allowed public or private swimming and tennis clubs and similar recreational facilities as a conditional use. In October 1990, with the Citywide Rezoning associated with the adoption of the Land Development Regulations, the property was rezoned to RM and the Conditional Use language in the RM zone district was changed to read: the use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. On January 28, 1998, the Planning and Zoning Department received a privately- initiated request from The Delray Beach Club to amend the Land Development Regulations to add private beach clubs as a Conditional Use in the RM zone district, pursuant to the following language: "Private beach clubs with or without attendant recreational and/or dining facilities on properties with a minimum land area of two acres lying south of Atlantic Dunes Park and east of State Road A 1 A". The Delray Beach Club, located south of Linton Boulevard on the east side of South Ocean Boulevard (S.R. A-1-A), within the RM zoning district, submitted the request to accommodate an expansion to an existing restaurant and addition of a free standing snack bar. As the use was non-conforming under the regulations at that time, the proposed modifications were not permitted. The proposed geographical area associated with the LOR amendment also included The Colony Beach Club (also located south of Atlantic Dunes Park). P&Z Board Memorandum Staff Report Amendment to LOR Section 4.4.6(0)(11) regarding Private Beach Clubs Page 3 At its meeting of May 5, 1998, the City Commission approved an amendment to the Land Development Regulations to add "Private beach clubs with attendant recreational, dining, and related accessory facilities within the area lying south of Atlantic Dunes Park and east of State Road A 1A" as a conditional use in the RM (Medium Density Residential) zoning district. The proposed language was amended per Staffs recommendation. Staff felt it was unnecessary to put limitations on the land area as there are enough regulations in place to ensure compatibility. I -.. --.-. -- ...-.---. ---- _.n -. _____nn__.__~ .~f~~~r :: . . ....;".. . ---.,-:---. --.- - --. A Ñ· "AL -Y 5 I 5 - _n____.._. . _____"'.--_-.:_=.''''-.,....: .....,...._n_..'=-__ _,-,.,:-:-_......_.. _ __ _. _ --_n. ._---.. .n.....",....--_.__' Currently, there are three known privately operated beach clubs in the City, all of which are located east of A-1-A. These include: The Seagate Beach Club, the Colony Beach Club, and Defray Beach Club. Pursuant to the LOR amendment approved in 1998, the Colony Beach Club and Delray Beach Club, located south of Atlantic Dunes Park are conforming, while the Seagate is nonconforming and is subject to Article 1.3 of the Land Development Regulations concerning nonconforming uses, lots and structures. This Article restricts the types and amount of improvements that occur to nonconformities_ It is the intent of the regulations to allow such nonconformities to continue until they are removed, but not to encourage their continuation. Nonconformities are not to be enlarged upon, expanded, extended, or used as grounds for adding other structures or uses prohibited elsewhere in the same zoning district. The predominant zoning districts along the City's coastline east of A-1-A and north of Atlantic Dunes Park, are Single Family (R-1 districts) and Open Space (OS) with a few pockets of multiple family districts (refer to the attached map). All of the properties located south of Atlantic Dunes Park are zoned RM. The existing land uses south of the Atlantic Dunes Park include older hotels/time shares, high density multiple family developments, and two private beach clubs (Colony and Delray Beach Club). The area west of A-1-A, from Bucida Road northward to the commercially-zoned properties along Atlantic Avenue, is primarily zoned RM, with a couple of R-1-A (Single Family Residential) and OS (Open Space) zoned pockets. This area contains nonconforming motels/time shares and high density multiple family developments. Recently, there has been redevelopment activity in the area, which has resulted in townhouse developments at permitted densities. The Seagate Beach Club is located east of A-1-A, at the south end of the RM zoned area and Municipal Beach, and abuts a single family zoned property (R-1-AAA) to the south. At the time of the 1998 LOR amendment, the staff report read "From a compatibility and land use stand point, it seems reasonable to limit private beach clubs to the geographical area proposed by the applicant (i.e. south ofthe Atlantic Dunes Park)." At that time, the inclusion of the Seagate as a potential site was not seriously considerèd or studied as the privately-initiated proposal focused on the beach clubs south of Atlantic Dunes Park. The Seagate Beach Club has co-existed with the adjacent residential neighborhoods/area for over 60 years. This area is identified as "Stable" on P&Z Board Memorandum Staff Report Amendment to LDR Section 4.4.6(D)(11) regarding Private Beach Clubs Page 4 the Residential Neighborhood Categorization Map. "Stable" areas have no apparent signs of physical or other decline. The proposal for the Seagate is to redevelop the club house in manner that will be more compatible and complementary to the surrounding area. As mentioned above, the use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes is listed as a Conditional Use in the RM zone district. These facilities are also allowed as a Conditional Use in the Single Family Residential (R-1) zoning districts as well as the PRD (Planned Residential development) and RL (Low Density residential) zoning districts. The Seagate Beach Club operates independently of any residential development or subdivision, and therefore became a non-conforming !-Ise. A club as defined by the LDRs is a building or facility owned or operated by an association, corporation, person, or persons, for an educational, recreational, or social purpose, and to which membership is required for participation, but not primarily for profit or to render a service which is customarily restricted to members and their guests. Private beach clubs fit the definition of "clubs", and are currently allowed as a conditional use within a certain geographical area of the RM zone district. The potential impacts with respect to level of service standards, and issues relating to compatibility would be the same whether a club is associated with or without a subdivision and would be subject to the same required findings i.e. that the club will not have a significantly detrimental effect upon the stability of the neighborhood within which it will be located, and that it will not hinder development or redevelopment of nearby properties. Any proposal would also need to comply with the Land Development Regulations and be consistent with the Goals, Objectives and Policies of the City's Comprehensive Plan. The Planning and Zoning Board and/or City Commission may also impose conditions to further assure that the development is compatible with adjacent properties. LDR Section 2.4.5(M)(5) (Findinas): 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. The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and the following are noted: Future Land Use Element Policv C-3.4: The City's Coastal Area is one of its most valuable resources in terms of economic attraction, recreation, and natural beauty. While action is appropriate to capitalize upon the economic benefits of this resource, commercialization and promotion shall not occur to such an extent that they diminish this beach resource. Private beach clubs are a recreational use that can provide economic benefits to the City in a manner that that will not diminish the beach resource. The intensity of private P&Z Board Memorandum Staff Report Amendment to LDR Section 4.4.6(D)(11) regarding Private Beach Clubs Page 5 beach clubs can be controlled through the Conditional Use process, through which limitations can be placed on the types of activities provided, hours of operation, number of memberships, etc_ Coastal Manaøement Element: Objective C-3:The development of vacant and under-developed land on the barrier island shall occur in a manner which does not change the character, intensity of use, or demand upon existing infrastructure in the Coastal Planning Area, as dictated in the following policies: Policy C-3.2: There shall be no change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system. Objective D-2: There shall not be any development upon the barrier island which shall reduce hurricane evacuation time beyond its present level or which shall lower the level of service at the intersection of SR A-1-A and Atlantic A venue; George Bush Boulevard and SR A-1-A; or at Linton Boulevard and SR A-1-A. The upgrading of the existing beach club facility or the establishment of a new club will not affect hurricane evacuation times on the barrier islands. Hurricane evacuation times are primarily impacted by the number of dwelling units as residents attempt to leave the area for safer accommodations. I' - -- -- _on. . - - - -.. - . I [- ___.~n... -~------ - m m~~~.... ..~--. REV~~y~iBY O~H~_~~_ . . -..-- -_ _m -- I Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: · Beach Property Owners Association · Progressive Residents of Delray (PROD) · President's Council · Via Marina Association Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. L~'- .--~::'J';!I~:.;¡·~:=~::::·~-AŠ·SES~~~~t:A-Ña:?~~ÑëljJ~ïON --- __"='=n'~'- - - -~~'.'~ The applicant is requesting an amendment to LDR Section 4.4_6(D)(11) to expand the geographical location where private beach clubs are allowed within the RM (Medium Density Residential) zoning district as a conditional use, as follows: "Private beach P&Z Board Memorandum Staff Report Amendment to LDR Section 4.4.6(D)(11) regarding Private Beach Clubs Page 6 clubs with attendant recreational, dining, and related accessory facilities within one of the followinq areas: (a) south of Atlantic Dunes Park and east of State Road A-1-A, or (b) south of Casuarina Road. north of Bucida Road. and east of State Road A-1-A". As outlined in this report, it is appropriate to expand the geographical area as requested as clubs are already allowed in the RM zone district and there are adequate regulations to mitigate any potential concerns identified through the Conditional Use process. The proposed amendment is consistent with the Goals, Objectives and Policies of the Comprehensive Plan, and does not diminish them. t __-:__~-=- -, ·_==-=-_=-_~R'~~ c ~~- ~ E .~_~._~ D A C T_~ ~ ~,,=_ ___~.n~_~_=_ !] - --:::! Move to recommend to the City Commission approval of the amendment to Land Development Regulations Section 4.4.6(0)(11) to expand the geographical location where private beach clubs are allowed within the RM (Medium Density Residential) zoning district as a conditional use, 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: · Location Map · Request/Justification Letter · Proposed LDR Amendment 0"~i ~... ~ ~ -'~. ·/f~"- .:. '. (( ~ì .'1' ·f i .. . _ ~,.~ ".....L.... ---.JL-J 11' .IÍ' / - I, i'i: l k -[ - ' :-n ~ ~ ! ,'!JCi 'f. -' """-.. .. ~ fr __ i ",. 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'-;:¿, if '~c ~ ,," - ~ () . n- m ·~t ~ -- .':=,. - .~. ;I=': ~jtl:cJ~m· I : '. I ccj -'-c" f =1 , . - -- '-,-: ,~" ~.' .' ': . t 1t~:-~·J.!/. ~.~1:fi&----1 -I L-I Itl' i 1 ' --- _:- I 'T-li-JI -=J ' r - 1 I . . . I~~. I I--.¡ - OSR C - - -- _ - f-~ :=t ' _ ' , '! ,-I/~ cr - _ I "ti'-r i . - -- i _. -- '-1 ,~~ ~I 0_ ' ~i - ¡ :-!- .:PC - t- _ ii. /¡-I ¡ ~_ -:-;::r~-(/ .- - ,~(, - , . . Ll--j , ~ - - - - = '_', - - - - - . . 'u . ~. _ ~ / _ -- -- -- -- -- - r--- - - -=!.- ! -= - ~- i f¡ w..: F) :::._ i ~ 'f. r êJtj' , Saam= i= _nt- - : ' - i J -, I ~ ~- F- L . --: ;e=t~ ' ~ - - ,- -.::::¡ Þ=I; ~ - ~ I "- , . :::; - I (i I ~ i M'- - . , . iI- rl;I: I " . ¡----;;. -. , \ '. . J ' ' "¡' t'- ":C:' I 1:-;::';' § ~- -< ~,' ~ .. CF =00'" , , It" IL· _oc I ~ -- ',t '.. 'UCL ",B:.. '" ,/,¡Wiffþ.l/I , '*if ,=' !'!'> _,; .. ~ .._.._ '~if' I' ~. ,u, ~ II rrdi r/, - ~;;. '._<"1, .... 95 .~. .....", ,,"'''' ..' !- " "CÒÖmbJ.- - ",~I! ,.. '_";-." .-- " --, . "- _ ,-'. ' ,µ:¡ flF' _ Iii I c _ . c: -_ . - .- ,a: c ~ !~ -= J! '. rrr : -, - ~,' '~t (I ,'..: - ~ ~ - - - =--==-=f;: .I J.. Il -J., - - ~t~ ~ - ~ -, -,' --"':~'t_~::._-.J " ' II I ,1;t.!~- " -1"~ ~ <'--¡ :~c::: ~ - - = - - - _ 'lfi~ ,'-3tc _ 1.1 I r - ~ ~ ~[ " '__plf~1-1 : ~/j j ,r¡~~~~~ - , 1[- ,- . .p-c-=1F -.C~r 1 . I _ "-~. :a~~ :", 'F___1~ 1- - . - " - . ... .1. - ",-' ì"'=; . j ÐfITm[[~J8~!~ III \'1 j~~- - Ejjlh· -.. ~t !c ~~ <i'~~~ 1 ~~I CF ~ ,,iJ-~ :if11~f!iîm~j .'\ ¡·~il--qlii . ,; I~, ; ~ j lFJ~i " I_~.. -IWCJttlG]rJ, ( r1, --18- '...., ~ :-~rbL~~' F ,-~ CF _' . P= I ;,. u, - '. ,N Ice-RIM{ :=h7')] "'-- . - . IÜ'nD-' Iñ r~ =~:= ;.1 !I . :::.-- - ~ EJ '!d :g-" ,. .- . .' 4. ,- SEAGATE BEACH ,. "Ä' IUT Ig cc. - f---. I ','" , " .~ ~. -' ~ :--Y. ¿i")/:- _ ........ , CF - .. . '-Pi ..>"'---'~ : !n__ Cl.UB .,'~ ' "_ .. '-:.~ .L_~~. 'L o ,- ¡¿;PDr. - - _I' ~ II' "''¿ ~'ç" I - '.-<Q .j¡.'- ~'-". -I~:.'~.! / ~ ,<; OSR -'! ~ - . [ J'---"~ L - ~I"I --. -. , I ,. . ~ J - . ~. ,9' . J f : _ .-"~ : ~ _RM. . . , r: CF =' _, _' c df- ~ ~!f~j____ -t~~ ~LI&, J.' ~-"'''' ~ - - - -.1 Il ' L...,.= ~- 01..· - - - G¿i~ !<=. .-,! -. . -i=iI - ,- -'Î - -- . ~.~ - [.;. ~ ~1JI J--~ L--- ,: _ '. oaR _ E=3 --=( ~I."f, .~ ~~ ' : I'::;¡~ ~ .~C -=-1 r--- . ' I -:e - ,=-':===== - -Jt- '. ~ ,'i_· ~'I ~ t - ~...- r==o==JE I 1', . , ]; -1 . C-\'r J j rn- - . - - -. u......;..--.J , , :J < ,. i -~ 1-- ö'o - - - - -: t===ïF f· " ~ ~ ; . .::;.< ::l ~ r~~ r--- ~ '" : --r-o~F-' 'I' "I . . .' - S;-_· .;æ- jíi"1t ~"Z.S ; / ¡L::j :JIlfA~ " '" .=;¡f:- '=' CF ·1 -.:. RM ". - - '-;¡}oJ' (' A=11 -- ,I;, l/ MIÇ.-- -= ! ~ " ~ ~ . :! ~ _. ~;;: -""¡ ;~. M ~~ . ;t-== R-1-AAA --.... - - I - I, 1f, - J - - . ~n_.. ....,......"" lAb. ' . ,- -- n _~ Ili_.mf t~ i ~ RM - "';' .'~!:!-' H u·//......5 . - I -- r Ii 7t=-. RM. r:= :::~~. "-;:=-:_. .- - .-; ': ... ...7~ U OSL., ~'J. ;;;'¡;~ '-~'-!L: - . .-.. "~:~A/'-'~ '..;;;r'- Rl - - -.' ,-::........ :--' "Ii"~ ,~ ¡f-itñ ·1 11 '" - ~., . MIC- t GC ,- -' -~- I ::r ;ø:1 ~ I . "; ~.. " - _ ~- - . 1-A J',." . 0 _ j II - --' ~ .; . :.' .j I . .- '- . - ':", ~ ~ -- -. --. ~ ~.... ~ÃM- j " : -." _:' - -~ - 'RM 3 ATLANTIC DUNES AC-- POO'-" - (PC J' _ \ .::.~ _ - ï FL__=_"'" . .::~.., I E;/ifåí .~ ~:":':" - I IIIiL I--ì~ PARK 01.- - ""~l _-:en\., MIC ..:.:..n ~,~ ì t'::-';! '.. .' pc' ~ ~'ì] PC ":. -, Ii j~ "'-- .11_' : ,i... ~."~ CLUB C ~~_. ~n _ 1_ 11!"1 -1 >, c: J ~I ~ ~... ...,. ·b ~ < '- ~..Ir-'- . ,_, I ~~- ,".:' -- C --f : ~ -) ":-:;..;.Õ í' ~ '. CF ~ . -4 I: --,' ~"';" SAD _I -. i ~.' AC [j. : ~~".,.. THEDELRAY ~ ~ ~G "" i = W~ ~ ~ =... .~. BEACH CLUB I u_~ 11M ~ _' , \ I~ x· - \- SAD i ~ .CF =-..co' ,: t.~::,p ~, ' , ~I .~ . R .:::....":"... OSR . - .::::g¡1'§- . ~ \- ',",;-. ~ (" I~ ,r -=- 'f- =. II;... .' __ R-I-A~'. ~.~ ~,,~ ,-,,, cu,· 3~." / M -I '·If '. ""~. =--1, ,~:Lc~;, 1 1 I" I ,-",~-".. ..-r -/ /7/..../ ¡:-~. :¡f~"«( . .Q-~ Ii ~ ~I - -1'\ ' to-I', 1 ~ PRIVATE BEACH CLUBS CITY OF DELRAY BEACH. FL [=::] ALLOWABLE AREA AS A CONDITIONAL USE PLANNING &: ZONING DEPARTMENT -- DIG/TAL BASE MAP SYSTEM -- MAP REF. LlAA75 THE CARNEY LEGAL GROUP, P .A. Attorneys At Law Thomas F. Carney, Jr. 901 GEORGE BUSH BOULEVARD Also admitted in MA DELRA Y BEACH, FLORIDA 33483 TEL: (561) 278-5565 Peter H. Carney FAX: (561) 330-8233 Also admitted in NH & MA EMAIL: tfc@carneylegalgroup.com June 3, 2005 Mr. Paul Dorling Director, Planning and Zoning Department City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 Re: Petition for Text Amendment to Section 4.4.6 Medium Density Residential (RM District) of the Land Development Regulations Dear Paul: Pursuant to your discussions and meeting with E. Anthony Wilson of Seagate Beach Club several months ago, please consider this the formal petition of Seagate Beach Club for the text amendment to the above-referenced RM Zoning District of the LOR in the manner set forth in this letter. Additionally, enclosed please find Seagate Beach Club's filing fee of $1,000.00 to initiate the process. Currently, Section 4.4.6 (D) (11) re~ds as follows: "Private beach clubs with attendant recreational, dining, and related accessory facilities within the area lying south of Atlantic Dunes Park and east of State Road A1A." The proposed text amendment would add to 4.4.6 (D) (11) the land area lying south of Casuarina Road, north of Bucida Road, and east of State Road A 1A. Accordingly, if the proposed text amendment is adopted, Section 4.4.6 (D) (11) would read as follows: "Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the following areas: lM south of Atlantic Dunes Park and east of State Road A 1A, or (bJ south of Casuarina Road. north of Bucida Road. and east of State Road A 1 A. II (Emphasis added to highlight proposed new language.) 1 Mr. Paul Dorling Director, Planning and Zoning Department City of Delray Beach June 3, 2005 The purpose for the proposed amendment is to provide an opportunity for the petitioner's Club to remove its non-conforming grandfathered status into that of a conditional use. The potential impacts of the text amendment are positive. It is consistent with the current use of similar beach clubs situated within the RM zoning district to the south, and is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. No change in the underlying Medium Density (MD) Future land Use Map designation is proposed, and "private beach clubs" have already been determined to be consistent with the MD designation and the RM zoning category (as a conditional use). Therefore, the amendment is consistent with Comprehensive Plan Objective C-3 of the Coastal Management Element "The development of vacant and underdeveloped land on the barrier island shall occur in a manner which does not change the character, intensity of use, or demand upon existing infrastructure in the Coastal Planning Area" and Policy C-3.2, "There shall be no change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system". Adding the use "Private Beach Clubs" to this section of the RM district does not increase the potential for the development of residential units, therefore, evacuation times will not be adversely affected. Given that the use is already established, the text amendment will not lead to an increase in traffic volumes. Therefore the amendment can be found to be consistent with Coastal Element Objective D-2, "There shall not be any development upon the barrier island which shall reduce hurricane evacuation time beyond its present level or which shall lower the level of service at the intersections of SR A1A and Atlantic Avenue, George Bush Boulevard and SR A1A, or at Linton Boulevard and SR A1A". The existing beach club will become a conforming conditional use, which will allow the owners to make an application to reconfigure it in a manner that is much more compatible with the surrounding area. A reconfiguration of the site wilt enable the driveway to be pulled back off of the roadway, reducing the potential for traffic conflicts and congestion. This will be even more critical with the road widening scheduled to occur at that portion of A 1A. Additionally, any new building will be a significantly better fit for the neighborhood. In terms of impacts on the surrounding area, the beach club use is compatible with the public beach to the north and the RM zoned property to the west, and the proposed improvements will improve compatibility with the single family zoning district to the south. 2 Mr. Paul Dorling Director, Planning and Zoning Department City of Delray Beach June 3, 2005 Please proceed with the scheduling of the staff review and attendant hearings to follow, and notify us as to the schedule. If you have any questions, please do not hesitate to call. I look forward to hearing from you. Sincerely, The Carney Legal Group, P.A. By: Thomas F. Carney, Jr. For the Firm - TFC/db Encl. ccs: E. Anthony Wilson, Seagate Beach Club Marie Horenburger Jeff Costello 3 [= - - . ---... _u - . ~=-..ll PROPOSED LDR AMENDMENT -.---. ... -- .-.-- ---. --------- -- - .....-------_. .------ - ..----. Section 4.4.6 Medium Density Residential (RM) District: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses in the RM district. (11) Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the followinq areas: (a) south of Atlantic Dunes Park and east of State Road A-1-A, or (b) south of Casuarina Road. north of Bucida Road. and east of State Road A-1-A" Page 1 of 1 Valek, Denise From: Susan Capone [susandelray@yahoo com] Sent: Monday, July 18, 20056:28 AM To: PZmail@MyDelrayBeach.com Cc: randy@stoff.com Subject: Seagate Beach Club Hello, We live have lived in the Seagate neighborhood for the last 19 years and have seen many changes. I think improvements to the Seagate Beach Club would help maintain and potentially enhance it. I see a need to change the zoning of "conforming conditional use" in this case. The Seagate Beach Club has been a wonderful neighbor and I have enjoyed many activites there throughout the years. Thank you in advance for your consideration in this matter. Sincerely, John and Susan Capone 800 Seasage Drive Delray Beach, FL 33483 561.276.0480 Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 7/1812005 Page 1 of 1 Valek, Denise From: Kim Dwyer [2kimdwyer@gmail.com] Sent: Monday, July 18, 2005 10:57 AM To: PZmail@MyDelrayBeach.com Subject: support for Seagate Conforming Conditional Use Dear Planning & Zoning Board, We are writing this letter in support ofthe Conforming Conditional Use change to the Seagate Beach Club zoning. We live 1 block South of the club in the Seagate neighborhood. Though not members, I have enjoyed the amenities the club has to offer as a guest and feel improvements are necessary. The Seagate Club employees are always courteous and responsible neighbors. Regards, Kim and Pete Dwyer 711 Seagate Drive 7/18/2005 07/18/2005 04:47 15612729807 ICN L TD PAGE 01 pzmail@MyDelrayBeach.com, 03:41 PM 7/1812005. No Subject To: pzmail@MýDelrayBeach.com From: Eric Cherry <echerry@icnltd.com> Subject: Cc: Bcc: Attached: To whom it may concem, We have lived in the vicinity for nearly 20 years and are about to move into our home at 1111 South Ocean Blvd here in Delray. We have always felt that the Seagate Club was a positive addition to our community.Although we are not members,we know many people that are. We are thrilled that they are planning renovations that will benefit the traffic flow as well as be more aesthetically pleasing. I urge you approve the Conforming Conditional use permit that they are applying for. Thank you. Veronica and Eric Cherry I n r::: l-~ ~:: : ~ ¡ ~ ~ f _ ?f:O; .-J ..,.,; ~ I ' .........> J. ~ PrJnted for Eric Cherry <echerry@icnltd.com> 1 ~ ,..,c (!tùtol~ CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SEalON 4.4.6, DMEDIUM DENSITY RESIDENTIAL (RM) DISTRla", I SUBSEalON 4.4.6(D), IICONDITIONAL USES i::r 0 <> II> ::> AND STRUaURES ALLOWED", TO EXPAND ~ en è> THE GEOGRAPHICAL LOCATION WHERE 0 3 . PRIVATE BEACH CLUBS ARE ALLOWED '" 0 -n II> ;J: WITHIN THE RM ZONING DISTRICT ã- ~ c !!. The Ci~ Commission of the City of Delroy Beach, Florida, proposes to i ~ Qdopt e following ordinance: p¡ :r ORDINANCE NO. 62-05 z CD ~ '" AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DElRAY I ¡¡: BEACH, FLORIDA, AMENDING THE LAND DEVElOPMENT REGULATIONS 0 ::> OF CODE OF ORDINANCES, BY AMENDING SEŒON 4.4.6, "MEDIUM Q. ~ DENSITY RESIDENTIAL IRM) DISTRICT", SUBSECTION 4.4.6(D), "CONDI- ~ TIONAL USES AND STRUCTURES ALLOWED", TO EXPAND THE GEO- C> c sa. GRAPHICAL LOCATION WHERE PRIVATE BEACH CLUBS ARE ALLOWED !'" WITHIN THE RM ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A '" C) GENERAL REPEALER CLAUSE, AND AN EFFEŒVE DATE. 0 U1 en The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance The first Public Hearing will be held on TUESDAY. AUGUST 2. 2005. AT 7:00 P.M. in the Commission Chambers at City Hall, 100 N W. 1st Avenue, Delroy Beach, Florida. If the proposed ordinance is passed on first reading, a second Public Hearing will be held on TUESDAY. AUGUST 16.2005. AT 7:00 P.M. (or at any continuation of such meeting which is set by the Commisslon) in the Commission Chambers at City Hal!, 100 N.W. 1 st Avenue, Delroy Beach, Florida. 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 Deportment. For further information or ío obtain a copy of the proposed ordinance, please contact the Planning and Zoning Deportment, City Hall, 100 N:W. 1 sf Avenue, Delray Beach, Florida 33444 (email at pzmail@mydelraybeach.com) or by calling 561/243-7040), between the hours of 8,00 a m. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECI- SION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPO":! WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S. 286 01 05. CITY OF DELRAY BEACH CheveUe D. Nubin City Clerk PUBUSH: Monday, july 25, 2005 Monday, August 8,2005 Boca Raton/Delray Beach News Ad#NS0705707 cc -. ~ cu^() ( CLMr, é:/ CITY OF DELRAY BEACH - NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SEalON 4.4.6, IIMEDIUM DENSITY RESIDENTIAL (RM) DISTRla", SUBSEaJON 4.4.6(D), IICQNDITIONAL USES AND STRUaURES ALLOWED", TO EXPAND THE GEOGRAPHICAL LOCATION WHERE PRIVATE BEACH CLUBS ARE ALLOWED WITHIN THE RM ZONING DISTRla .þ g:> The Ci~ Commission of the City of Delrày Beach, Florida, proposes to § adopt e following ordinance: ~ !!l- e ORDINANCE NO. 62-05 õ:!.. 0 CD ~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DElRAY g:> CD BEACH, FLORIDA, AMENDING THE LAND DEVElOPMENT REGULATIONS ~ :0- OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4.6, "MEDIUM z CD ::E DENSITY RESIDENTIAL (RM) DISTRIŒN, SUBSEŒION 4.4.6(D), "CONDI- '" , TlONAl USES AND STRUŒURES AllOWED", TO EXPAND THE GEQ- :;: e GRAPHiCAl LOCATION WHERE PRIVATE BEACH ClUBS ARE ALlOWED :::I c. WITHIN THE RM ZONING DISTRIŒ; PROVIDING A SAVING CLAUSE, A ~ <- GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. c: -< N ? The City Commission will conduct two (2) Public Hearings for the purpose of N 0 0 accepting public lestimony regarding the proposed ordinance. ilie first Public en . Hearing will be held on TUESDAY. AUGUST 2. 2005. AT 7:00 P.M. in the i Commission Chambers at City Halt 100 NW. 1 st Avenue, Delroy Beach, a- Florida. If the proposed ordinance is possed on first reading, a second Public e i <> Hearing will be held on TUESDAY. AUGUST 16.2005. AT 7:00 P.M. (or at any ~ CD continuation of such meeting which is set by the Commission) in the ~ ê> Commission Chambers at City Halt 100 NW 1 st Avenue, Delroy Beach, e 3 Florida. All inlerested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their commer:¡ts 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 NW. 1 st Avenue, Delroy 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- SIQN MADE BY THE CITY COMMISSION WITH RESPEŒ 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 Chevene D. Nubin City Clerk PUBUSH: Monday, July 25, 2005 Monday, August 8, 2005 Boca Raton/Delroy Beach News Ad#NS0705707