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Ord 16-06 ORDINANCE NO. 16-06 AN ORDINANCE OF THE CIlY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CIlY OF DELRA Y BEACH, AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.4(J) "HEIGHT' SUBSECTION 4.3.4(J) (4), "INCREASES TO HEIGHT REGULATIONS", BY AMENDING SUBSECTION 4.3.4(J)(4)(b), "AllOWANCES", TO PROVIDE FOR MODIFICATIONS TO PERFORMANCE STANDARDS AND TO REQUIRE WORKFORCE HOUSING; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS 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 February 27, 2006 and voted 7 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 CIlY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA AS FOllOWS: Section 1. That Article 4.3, "District Regulations, General Provisions", Section 4.3.4(J), "Height", Subsection 4.3.4(J) (4), "Increases to Height Regulations" by amending subsection 4.3.4(J)(4)(b), "Allowances", to read as follows: (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. j (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 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 A venue 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 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. 2 ORD NO. 16-06 ( (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 situation: (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. Workforce housing units. equal to twen1;y percent (20%) of the residential units on the top floor. shall be provided within the development (fractions shall be rounded up). The workforce housing units shall be divided between low and moderate income levels with no more than 50% of the workforce housing units to be for moderate income levels and shall comply with other applicable provisions of Article 4.7. (2) l..ft inaease in iftocftsity is allewed wheft there 13 a kaftsfer 6f 6evelopmeftt rights 1't1:f3t1aftt to Seettoa 4.6.20. (iii) That the increase in height is Based 6ft or will rest1lt ift twe, or more, ef the f-oHoW.ng shall be allowed if two or more of subsections 4.3.40) iii(l). (2) or (3) are met: (1) That werkferee RetltHng is l'revitled witftia the develepmeftt in a ftUflfler eeftsisocftt with the l'r<ynsie.ft3 efSeettoas 4.7.5 (a) ftfla (a); (2) That 50% or greaocr ef aa Mea ef the grotlfta floor is tk.'eted to l'Mkiflg ltft6 vehieulM tfllfiit: ciret1lattoft; t3t-!ll 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, {47 m That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking). 0) That open areas. such as cOur1;yards. plazas. and landscaped setbacks. be provided in order to add interest and provide relief from the building mass. 3 ORD NO. 16-06 Section 2. That should any section or proVIsIon of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. final reading. That this ordinance shall become effective upon its passage on second and ~ PASSED AN~!?~~D in regular session on second and final reading on this the ~ - day of ~ ,2006. ATTEST: &f6R~~ ~~~~~. ~~} City Clerk First Reading Second Reading 4 ORD NO. 16-06 MEMORANDUM FROM: MAYOR AND CIlY COMMISSIONERS CIlY MANAGER ~ AGENDA ITEM # \0" - REGULAR MEETING OF APRIL 4, 2006 ORDINANCE NO. 16-06 (SECOND READING/SECOND PUBLIC HEARING.) MARCH 31, 2006 TO: SUBJECT: DATE: This Ordinance is before Commission for second reading and second public hearing for a City initiated amendment to Land Development Regulations (LDR) Subsection 4.3.4(J) (4) (b), "Allowances" . The Ordinance modifies Section 4.3.4(J)(4)(b) which requires that if any increase in height is provided, it must accommodate residential units on the top floor and also provide workforce housing units equal to 20% of the residential units on the top floor elsewhere within the development with no more than 50% of the workforce units being for moderate income levels and requires that two of three additional criteria be met. The three criteria include (a) increased setbacks, (b) making 50% of the ground floor building frontage consisting of non-residential units (excluding parking), and (c) that open areas such as court yards, plazas, and landscaped setbacks be provided to add interest and relief from building mass. The Family/Workforce Housing Ordinance, adopted by the Commission on December 6, 2004, includes incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. The program is being expanded to provide additional opportunities and incentives for the provision of workforce housing. Additional information can be found in the attached Planning & Zoning memo. On February 27, 2006, the Planning and Zoning Board held a public hearing in conjunction with the request. There was one member of the public that spoke in support of the amendment. After reviewing the staff report, the Board voted 7-0 to recommend that the request be approved by adopting the findings of fact and law contained in the staff report, finding that the request is consistent with the Comprehensive Plan, and finding that the request meets the criteria set forth in Land Development Regulations (LDR) Section 2.4.5(M) (Amendment to Land Development Regulations). Recommend approval of Ordinance No. 16-06 on second and final reading. S:/City Clerk/Agenda Memos/Ord 16-06 Workforce Housing 434J4b 040406 FROM: ~~ PAUL DORLlNG, D CTOR OF PLANNING AND ZONING TO: SUBJECT: MEETING OF MAR 21, 2006 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs) ARTICLE 4.7 "FAMILY WORKFORCE HOUSING", SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.5 "OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", SECTION 4.3.4(J) "HEIGHT", SECTION 4.4.13(1) "PERFORMANCE STANDARDS" AND SECTION 4.1.4 "USES OF LOTS OF RECORD", PROVIDING A REQUIREMENT AND INCENTIVES FOR THE PROVISION OF WORKFORCE HOUSING. The Family/Workforce Housing Ordinance, adopted by the City Commission on December 6, 2004, includes incentives to provide workforce housing by allowing density bonuses within the Southwest Neighborhood Overlay District. The proposed amendments to the Land Development Regulations are related to revisions in the City's Workforce Housing Program. The program is being expanded to provide additional opportunities and incentives for the provision of workforce housing. Major revisions to the program include the following: 1. Establishment of an additional workforce housing overlay district known as the Infill Workforce Housing Area. This area includes the Swap Shop property on North Federal Highway (zoned General Commercial) and all RM zoned property, east of 1-95 that does not lie within the coastal high hazard area. A maximum density of 18 units per acre is permitted in this area through density bonuses for the provision of workforce housing. 2. An increase in the maximum density from 12 units per acre to 24 units per acre within the Carver Estates Overlay District through density bonuses for the provisions of workforce housing. 3. References to the newly created Delray Beach Community Land Trust have been added. Lump sum payments for units under the Density Bonus Program are to be paid to the Trust. 4. The time which units are to remain affordable has been increased from 30 to 40 years. The above four items are addressed primarily through revisions to LOR Article 4.7 "Family/Workforce Housing." LOR Section 4.5 "Overlay and Environmental Management Districts" was modified to add the new Infill Workforce Housing Area to the list of overlay districts and revisions were made to the Section 4.4.6 "Medium Density Residential (RM) District" and Section 4.4.9 "General Commercial (GC) District" regulations to allow developments with a density greater than 12 units per acre within this area. Additional modifications were made to the RM zoning district regulations to allow relaxed development standards within the infill Workforce Housing Area and Carver Estates Overlay District for developments which provide workforce housing. \06 City Commission Documentation, March 21, 2006 Family/Workforce Housing Ordinances 5. Include an additional incentive to provide workforce housing units by allowing lots of record between 40 feet and 50 feet to be developed for workforce housing. This item is addressed through modification of LOR Section 4.1.4 "Use of Lots of Record" to allow currently unbuildable lots of record with frontage between 40 and 50 feet to be developed for workforce housing. The lots must be at least 4,000 sq. ft. in size, be located in the R-1A, RL or RM zone districts, meet the applicable setbacks (side setbacks are reduced to 5') and other development standards in the zoning district as well as meet typical designs represented by sketches within LOR Article 4.7 "FamilylWorkforce Housing." 6. Requires workforce housing to be provided where increases in density are requested in the CBD zone district. This item is addressed through modification of LOR Section 4.4.13(1) "Performance Standards." These performance standards must be addressed as part of the Conditional Use process to allow development with a density in excess of 30 units per acre within the Central Core area or in excess of 12 units per acre in the West Atlantic Neighborhood. Language has been added which requires developments to provide 20% of the additional units (above 30 units per acre) as workforce housing units, divided equally between low and moderate income levels. 7. Requires workforce housing to be provided in cases were increases in height are requested. This item is addressed through modification of LOR Section 4.3.4.(J) "Height.". This section deals with requirements which must be addressed to increase height above 48 feet. Language has been added to require developments which increase the intensity by adding an additional floor to provide workforce housing. At least 20% of the additional residential units must be divided equally between low and moderate income levels. The Planning and Zoning Board considered the proposed ordinances at their meeting of February 27, 2006. There was one member of the public that spoke in support of the amendment and after reviewing the staff report, the Board voted 7 to 0 to recommend approval of the related ordinances. By motion approve on first reading Ordinance Nos. 16-06,17-06,18-06,19-06 and 20-06 which implement City-initiated amendments to Article 4.7 "Family Workforce Housing", Section 4.4.6 "Medium Density Residential (RM) District", Section 4.4.9 "General Commercial (GC) District", Section 4.5 "Overlay and Environmental Management Districts", Section 4.3.4(J) "Height", Section 4.4.13(1) "Performance Standards", and Section 4.1.4 "Uses Of Lots Of Record" of the Land Development Regulations, 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. Attachment: · Proposed Ordinances 2 Revised 3/9/06 Reprinted 3/14/06 ORDINANCE NO. 16-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRA Y BEACH, AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.4(J) "HEIGHT" SUBSECTION 4.3.4(J)(4), "INCREASES TO HEIGHT REGULATIONS", BY AMENDING SUBSECTION 4.3.4(J)(4)(b), "ALLOWANCES", TO PROVIDE FOR MODIFICATIONS TO PERFORMANCE STANDARDS AND TO REQUIRE WORKFORCE HOUSING; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to LOR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 27, 2006 and voted 7 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 Article 4.3, "District Regulations, General Provisions", Section 4.3.4(J), "Height", Subsection 4.3.4(J)(4), "Increases to Height Regulations" by amending subsection 4.3.4(J)(4)(b), "Allowances", to read as follows: (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 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 South ridge 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 that portion within 150' of any zoning district which has a maximum 2 ORD NO. 16-06 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 situation: (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. Workforce housinq units, equal to twenty percent (20%) of the residential units on the top floor, shall be provided within the development (fractions shall be rounded up). The workforce housinq units shall be divided between low and moderate income levels with no more than 50% of the workforce housinq units to be for moderate income levels and shall comply with other applicable provisions of Article 4.7. (2) An increase in intensity is alloy.'ed '.vhen 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 mo, or more, of the foIlO'.&:ing shall be allowed if two or more of subsections 4.3.4(J) iii(1), (2) or (3) are met: (1) That \vorkforce housing is provided '.vithin the development in a manner consistent 'Nith 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; fJt-ill 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 3 ORD NO. 16-06 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 CBD zone shall adhere to the setback requirements of that district; and, {41 @ That a minimum of 50% of the ground floor building frontage consist of nonresidential uses (excluding parking). ru That open areas. such as courtyards. plazas. and landscaped setbacks. be provided in order to add interest and provide relief from the buildinQ mass. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2006. ATTEST: City Clerk MAYOR First Reading Second Reading 4 ORD NO. 16-06 [IT' DF DElRAY BEA[H CITY ATTORNEY'S OFFICE .1()() J\W 1st ,\VENn:. DFLRAY BEACH, FLORIDA 33444 TILL PHONE: :'i61!.2.H7UC)O' FACSIMILE: 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 It.I.*d AII.America City , III I! DATE: MEMORANDUM March 8, 2006 1993 TO: 2001 City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinances 16-06,17-06,18-06,19-06 and 20-06 Amending Land Development Reaulations Pertainina to Workforce Housina A Summary Description of the ordinances is provided to assist you in analyzing each ordinance. 1. Ordinance 16-06 modifies Section 4.3.4(J)(4)(b) which requires that if any increase in height is provided, it must accommodate residential units on the top floor and also provide workforce housing units equal to 20% of the residential units on the top floor elsewhere within the development with no more than 50% of the workforce units being for moderate income levels and requires that two of three additional criteria be met. The three criteria include (a) increased setbacks (b) making 50% of the ground floor building frontage consisting of non-residential units (excluding parking) (c) that open areas such as court yards, plazas and landscaped setbacks be provided to add interest and relief from building mass. 2. Ordinance 17-06 makes sure that RM Zoning District properly includes references to aspects of the Workforce Housing Ordinance for RM zoned properties that are part of the workforce housing overlay districts. 3. Ordinance 18-06 modifies the Workforce Housing Ordinance, Article 4.7 of the L.D.R.s. It establishes an additional workforce housing overlay district known as the Infill Workforce Housing Area, located east of 1-95 and west of the Intracoastal outside of the coastal high hazard area for properties predominantly zoned RM. It provides for the use of dormers, porches and other architectural features. It provides that the Infill Workforce Housing Area Overlay District density shall not exceed 18 units per acre. It strengthens the covenants and restrictions requIring the workforce housing restrictions to remain in effect for 40 years instead of 30 and applies the requirements to resales, conversions of rentals to owner occupied property and provides for notice to the City. The ordinance references other incentives such as the ability to use lots of record of at least 40 feet for workforce housing as long as certain designs are used and other criteria is met. The designs are included in the ordinance. 4. Ordinance 19-06 amends Section 4.4.13(1)( 1), which regulates densities and requires 20% of all residential units to be workforce housing for densities in excess of 30 du/acre in the commercial core or over 12 du/acre in the West Atlantic Avenue Neighborhood with no more than 50% of the workforce housing units to be for moderate income levels occupants. 5. Ordinance 20-06 amends Section 4.1.4, "Lots of Record" to permit the use of 40 foot lots of record with a minimum of five feet side setbacks, if necessary to use designs that are set forth on Pages 25-31 of Ordinance 18-06. Other amenities are also required such as front porches and other architectural features. Please call if you have any questions. Attachments Cc: David Harden, City Manager Paul Dorling, Director of Planning and Zoning Lula Butler, Director of Community Improvement Diane Colonna, Director of the CRA Joe Gray, Assistant Director of the CRA Dorothy Ellington, Housing Authority Director Ron Hoggard, Senior Planner (LC: eWl.6/~ CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.4(J) "HEIGHT" SUBSECTION 4.3.4(J)(4), "INCREASES TO HEIGHT REGULATIONS", BY AMENDING SUBSECTION 4.3.4(J)(4)(b), "ALLOWANCES", TO PROVIDE FOR MODIFICATIONS TO PERFORMANCE STANDARDS AND TO REQUIRE WORKFORCE HOUSING The City Commission of the City of Delray Beach, Ronda, proposes to adopt the follow- ing ordinance: ORDINANCE NO. 16-06 AN ORDINANCE OF THE ClrY COMMISSION OF THE CITY OFDELRAY BEACH, FLORI- DA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDI- NANCES OF THE CITY OF DELRAY BEACH, AMENDING ARTICLE 4.3, "DISTRICT REG- ULATIONS, GENERAL PROVISIONS", SECTION 4.3.4(J) "HEIGHT" SUBSECTION 4.3.4(J)(4), "INCREASES TO HEIGHT REGULATIONS", BY AMENDING SUBSECTION 4.3.4(J)(4)(b), "ALLOWANCES", TO PROVIDE FOR MODIFICATIONS TO PERFORMANCE STANDARDS AND TO REQUIRE WORKFORCE HOUSING; PROVIDING A GENERAL - REPEALER CLAUSE; A SAVINGS CLAUSE AND AN EFFECTIVE DATE. The City Commission will conduct two (2) Public Hearings for the purpose of accepting public testimony regarding the proposed ordinance. The first Public Hearing will be held on JV!;$.QAY..Jl!'AR.C.t.U.1...~.AT...1.;QQ.P.M, in the Commission Chambers at City Hall, 100 N.W. 1 st Avenue, Delray Beach. Ronda If the proposed ordinance is passed on first reading. a second Public Hearing will be held on TUESDAY. APRIL 4. 2006. AT ~ (or at any continuation of such meeting which is set by the Commission) in the Commission Chambers at City Hall, 100 N. W. 1 st Avenue, Delray Beach, Aorida. All interested citizens anl invited to attend the public heanngs 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. 1'51 Avenue, Delray Beach, Aorida 33444 (email at pzmail@mydelray- beach. com) or by calling 561/243-7040), between the hours of 8:00 am. and 5:00 p.m., Monday through Friday, excluding holidays. PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION 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 UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S. 286.0105. ClrY OF DELRAY BEACH Chevelle D. Nubin City Clerk PUBLISH: Monday, Man::h 13, 2006 Tuesday, Man::h 28, 2006 Boca RatonfDelray Beach News Ad#.NS060324 Q:l CD o n '" :D a o ::> o <D =c '" '< co <D '" n :::r Z <D :E en I <:' <D en c. 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