Ord 17-06
ORDINANCE NO. 17-06
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, BY
AMENDING SECTION 4.4.6 "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT', SUBSECTION 4.4.6(D),
"CONDITIONAL USES AND STRUCTURES ALLOWED", BY
ADDING SUBSECTION 4.4. 6 (D) (13) TO INCLUDE
REFERENCES TO APPLICABLE WORKFORCE HOUSING
OVERLAY DISTRICTS; AMENDING SUBSECTIONS 4.4.6(F),
"DEVELOPMENT STANDARDS", 4.4.6(G), "SUPPLEMENTAL
DISTRICT REGULATIONS" AND SUBSECTION 4.4.6(H),
"SPECIAL REGULATIONS", TO ADD ADDITIONAL
WORKFORCE HOUSING OVERLAY DISTRICTS;
AMENDING SECTION 4.4.9 "GENERAL COMMERCIAL (GC)
DISTRICT', SUBSECTION 4.4.9 (D) CONDITIONAL USES
AND STRUCTURES ALLOWED", BY ENACTING
SUBSECTION 4.4.9(D)(19) TO INCLUDE AN INCENTIVE TO
BUILD WORKFORCE HOUSING UNITS; AMENDING
ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS", BY ENACTING SUBSECTION
4.5.12, "INFILL WORKFORCE HOUSING AREA";
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 Dekay Beach adopts the ftndings in
the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Dekay 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 Section 4.4.6 "Medium Density Residential (RM) District", Subsection
4.4.6(D), "Conditional Uses and Structures Allowed" is hereby amended by adding Subsection
4.4.6(D)(12) and (13) to read as follow:
(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.
(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 AlA, 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 tip-te 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
2
ORD. NO. 17-06
within the adopted Southwest Area Neighborhood Redevelopment Plan.
(13) Multiple family residential development may exceed twelve (12) units per
acre. up to a maximum of twenty-four (24) units per acre within the Carver Estates Overlay District
as defined in Section 4.5.11 and up to a maximum of eighteen (18) units per acre within the Inftll
Workforce Housing Area. subject to the provisions of Section 4.4.60). and Article 4.7.
Section 2. That Section 4.4.6, "Medium Density Residential (RM) District", Subsections
4.4.6(F) "Development Standards", 4.4.6(G) "Supplemental District Regulations" and 4.4.6(H)
"Special Regulations" to read as follows:
(F) Development Standards:
(1) The provisions for the R-1-A District shall apply for single family detached
dwellings.
(2) The development standards as set forth in Section 4.3.4 shall apply for
duplex and multi-family development, except as modifted herein.
(3) Southwest Neighborhood and. Carver Estates. Overlay District~ and Inftll
Workforce Housing Area Development Standards:
The following development standards apply to duplex and multi-family development
in the Southwest Neighborhood Overlay District. Carver Estates Overlay District. and the Inftll
Workforce Housing Area 113 defined ia Seetioft 4.5.9, which is being developed pursuant to
regulations set forth in Article 4.7, "Family /W orkforce Housing".
(a) Setbacks:
rom
(lij!2).
(iiij0).
Front:
15'
15'
Side (Street):
Side (Interior): 1 and 2 story 10'
3 story
15'
10'
~L4)
Rear:
(b) Setbacks for Garages, Carports and Porte-Cocheres: Garages, carports and porte-
cocheres must have a minimum 20' setback when the entrance faces a public
street or alley.
(c) Porch Encroachments: Front porches may extend 5' into the front or side street
setback and cannot occupy more than 50% of the building frontage and cannot
be enclosed in any manner.
3
ORD. NO. 17-06
(G) Supplemental District Regulations: In addition to the supplemental district
regulations set forth in Article 4.6, the following supplemental district regulations shall apply
in the RM zone district.
(1) Southwest Neighborhood. and Carver Estates Overlay Districts and Inftll
Workforce Housing Area: The following supplemental district regulations shall apply to
duplex and multi-family development in the Southwest Neighborhood Overlay District ti
defined in Seetion 4.5.9, Carver Estates Overlay District and the Inftll Workforce Housing
Area, which is being developed pursuant to regulations set forth in Article 4.7,
"Family /W orkforce Housing".
(a) Parking in the front yard is discouraged. No parking shall be allowed in the
front yard unless there is no dedicated access to the side or rear of the property.
(b) When garages are provided in the side or rear yards, on-street parking must be
provided.
(H) Special Regulations:
(1) A minimum density of six units per acre is established for duplex and multiple
family housing projects within this district. Density may exceed the base of six (6) units per
acre only after the approving body makes a finding that the project has substantially complied
with performance standards as listed in 4.4.6(1). In no event shall a development's total
density exceed 12 units per acre, except within the Southwest Neighborhood Overlay District.
Carver Estates Overlay District. and the Inftll Workforce Housing Area as allowed by Section
4.4.6(p)(12) and 4.4. 6 (P) (13). The density for a speciftc RM development may be further
limited by a numerical sufftx afftxed to the designation and shown on the zoning map (i.e.
RM-8 limits the density to eight units per acre). To seek a density greater than allowed by the
sufftx, it is necessary to rezone the property.
(2) Notwithstanding the above, a duplex may be situated upon a platted lot
pursuant to Section 4.3.4(1)(3)(b).
(3) Recreational areas shall be required for all new rental apartment developments, and
of owner occupied developments which have homeowner associations that must care for retention
areas, private streets, or common areas. New developments must include recreational features that
are designed to accommodate activities for children and youth of all age ranges. Tot lots are
appropriate for toddlers; features such as a basketball court, volleyball court, and open playftelds
are appropriate for older children. A pool and clubhouse, unless speciftcally designed for children,
is not considered to meet this requirement. Projects having fewer than twenty-ftve (25) units may
be exempted from this standard where it is determined by the approving body that it is not
practical or feasible to comply.
4
ORD. NO. 17-06
(4) The height of accessory structures shall not exceed the height of the associated
principal structure. Screen enclosures without a solid roof are excluded from this limit.
(5) The floor area of an accessory structure shall not exceed 40% of the floor area of the
principal structure.
(6) Density Bonuses. Density bonuses may be granted to eligible properties governed
by regulations set forth in Chapter 4, "Zoning Regulations", "Family/Workforce Housing" as
discussed below:
(a) Southwest Neighborhood and Carver Estates Overlay Districts and Inftll
Workforce Housing Area: Density bonuses above 12 units per acre may be
granted as a Conditional Use to eligible properties within the Southwest
Neighborhood and Carver Estates Overlay District~ defined in Section 4.5.9 and
4.5.11. respectively. and within the Inftll Workforce Housing Area. Section
4.5.12. subject to the regulations set forth in Chapter 4, "Zoning Regulations",
and Article 4.7, "Family/Workforce Housing".
(b) S.W. 10th Street llnd CMVer Eststes Overlay Districts: Within the S.W. 10th
Street and Carver E3tstes Overlay District defined in Section 4.5.10 llftd 4.5.11, in
addition to the performance standards listed in Section 4.4.6(1), increases to a
project's density beyond six (6) units per acre is subject to the regulations set
forth in Chapter 4, "Zoning Regulations", and Article 4.7, "Family/Workforce
Housing".
Section 3. That Section 4.4.9, "General Commercial (GC) District", Subsection 4.4.9(D),
"Conditional Uses and Structures Allowed" is hereby amended by adding Subsection 4.4.9(D)(19) to
read as follows:
(D) Conditional Uses and Structures Allowed: The following are allowed as conditional
uses within the GC District, except as modified in the North Federal Highway Overlay District by
Section 4.4.9(G)(1).
(1) Residential Licensed Service Provider Facilities subject to restrictions set
forth in Section 4.3.3(D).
(2) Amusement game facilities.
(3) Wash establishments or facilities for vehicles.
(4) Child Care and Adult Day Care.
5
ORD. NO. 17-06
(5) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq.
ft. of gross floor area.
(6) Drive-in Theaters.
(7) Flea Markets, bazaars, merchandise marts, and similar retail uses.
(8) Funeral Homes.
(9) Gasoline Stations or the dispensing of gasoline direcdy into vehicles.
(10) Hotels and Motels.
(11) Free-standing multiple-family housing subject to the requirements of the RM
District except for setback and height requirements which shall be pursuant to this Section.
(12) Recreational establishments such as bowling alleys, gymnasiums, health spas,
miniature golf courses, skating rinks.
(13) Sales and service of All Terrain Vehicles and personal watercraft
(waverunners, jet skis), with no outside display, outside storage or outside service.
(14) Vehicle care limited to the changing of oil and filters, and lubrication with no
mechanical work or outside storage of vehicles except as a part of a gasoline station.
(15) Veterinary Clinics.
(16) Group Home, Type 2 and Community Residential Homes, pursuant to
restrictions set forth in Section 4.3.3(1).
(17) Adult Gaming Centers.
(18) Churches or places of worship, and their attendant Sunday schoo~
recreational and columbarium facilities not exceeding 3,500 square feet of gross floor area. The
foregoing does not allow establishment of educational and care uses such as elementary school and
general day care.
(19) Multiple family residential development may exceed twelve (12) units per
acre. up to a maximum of eighteen (18) units per acre within the Inftll Workforce Housing Area.
subject to the provisions of Section 4.4.6(1). and Article 4.7. and subject to the requirements of the
RM District except for setback and height requirements. which shall be pursuant to this Section.
6
ORD. NO. 17-06
(
Section 4. That Section 4.5.12, Inftll Workforce Housing Area is hereby enacted, and
4.5.12 is hereby renumbered to read as follows:
Section 4.5.12 The Inftll Workforce Housing Area
(A) Defined: The Inftll Workforce Housing Area is located west of the
Intracoastal Waterway and east of 1-95 as shown on the map in Section 4.7.10) of the Land
Development Regulations.
Section 4.5.+i!13 North Beach/Seagate and Ocean Neighborhood Overlay Districts:
(A) General: With the adoption of the City's Comprehensive Plan Amendment
99-01, Housing Element Policy A-12.4 was modified to state the City will provide planning and
technical assistance to implement neighborhood-supported initiatives aimed at preserving the
character of existing residential areas. Such assistance may involve the formulation of regulations
that would limit the size and scale of new homes to be consistent with existing structures within a
defined neighborhood, and analysis of the housing inventory to determine if the area qualifies for
designation as a historic district, and similar measures. In accordance with this policy, a Design
Manual was prepared for the single family zoned properties, east of the Intracoastal Waterway, and
was adopted by the City Commission on January 4, 2005. This section is created to adopt and
implement the provision of the North Beach and Seagate Neighborhoods Design Manual. All
development within the North Beach/Seagate and Ocean District Neighborhood Overlay District,
as defined in Section (B) below, shall take place according to the provisions of the manual adopted
herein and included as an exhibit hereto.
(B) Defined:
(1) North Beach/Seagate Neighborhood Overlay District: The North
Beach/Seagate Neighborhood Overlay District is hereby established as the area zoned Single Family
Residential (R-l), located north of East Atlantic Avenue, south of George Bush Boulevard, east of
the Intracoastal Waterway and west of North Ocean Boulevard (State Road A-l-A) together with
the entire Seagate Neighborhood generally located south of Bucida Road, north of Lewis Cove,
between the Intracoastal Waterway and south Ocean Boulevard (State Road A-l-A), less Lots 35
through 45, Block 5, of the plat of Seagate Extension. The regulations established in Section
4.4.3(E)(4), 4.4.3(F)(1) and 4.4.3(G)(1) shall apply to all parcels within the Overlay District.
(2) Ocean Neighborhood Overlay District: The Ocean Neighborhood Overlay District
is hereby established as the area located east of Ocean Boulevard (State Road A-l-A), zoned Single
Family Residential (R-l). The regulations established in Sections 4.4.3(E) (4), 4.4.3(F)(1) and
4.4.3(G)(1) shall apply to all parcels within the Overlay District.
Section 4. 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
7
ORD. NO. 17-06
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 5. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 6. That this ordinance shall become effective upon its passage on second and
final reading.
~ PASSED AND~I1fD in regular session on second and final reading on this
the T..:: day of ~ ,2006.
ATTEST:
!J~!a ~
~~~~.~~
City Clerk
First Reading ::; g:
Second Reading
8
ORD. NO. 17-06
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER [77J\
AGENDA ITEM # \ 0 B - REGULAR MEETING OF APRIL 4. 2006
ORDINANCE NO. 17-06 (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) Section 4.4.6, "Medium Density
Residential (RM) District"; Section 4.4.9, "General Commercial (GC) District"; and Section 4.5,
"Overlay and Environmental Management Districts".
The Ordinance 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. The Ordinance includes additional workforce housing overlay districts in the RM
district and includes an incentive to build workforce housing in the GC district.
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. 17-06 on second and final reading.
S:/City Clerk/ Agenda Memos/Ord 17-06 Workforce Housing 446 040406
TO:
FROM: CTOR OF PLANNING AND ZONING
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 Intill
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 Defray 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 Intill 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
FamilylWorkforce 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 "Family/Workforce 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
Rev. 3/14106
ORDINANCE NO. 17-06
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 4.4.6 "MEDIUM DENSITY
RESIDENTIAL (RM) DISTRICT', SUBSECTION 4.4.6(D),
"CONDITIONAL USES AND STRUCTURES ALLOWED",
BY ADDING SUBSECTION 4.4.6(D)(13) TO INCLUDE
REFERENCES TO APPLICABLE WORKFORCE HOUSING
OVERLAY DISTRICTS; AMENDING SUBSECTIONS
4.4.6(F), "DEVELOPMENT STANDARDS", 4.4.6(G),
"SUPPLEMENTAL DISTRICT REGULATIONS" AND
SUBSECTION 4.4.6(H), "SPECIAL REGULATIONS", TO
ADD ADDITIONAL WORKFORCE HOUSING OVERLAY
DISTRICTS; AMENDING SECTION 4.4.9 "GENERAL
COMMERCIAL (GC) DISTRICT', SUBSECTION 4.4.9(D)
CONDITIONAL USES AND STRUCTURES ALLOWED", BY
ENACTING SUBSECTION 4.4.9(D)(19) TO INCLUDE AN
INCENTIVE TO BUILD WORKFORCE HOUSING UNITS;
AMENDING ARTICLE 4.5, "OVERLAY AND
ENVIRONMENTAL MANAGEMENT DISTRICTS", BY
ENACTING SUBSECTION 4.5.12, "INFILL WORKFORCE
HOUSING AREA"; 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 CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 4.4.6 "Medium Density Residential (RM) District",
Subsection 4.4.6(D), "Conditional Uses and Structures Allowed" is hereby amended by
adding Subsection 4.4.6(D)(12) and (13) to read as follow:
(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.
(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 AlA, or (b) south of Casurina Road, north of Bucida
road, and east of State Road AlA.
2
ORD. NO. 17-06
(12) Multiple family residential development may exceed twelve (12)
units per acre, up to a maximum of ~ 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.
(13) Multiple family residential development may exceed twelve (12)
units per acre, up to a maximum of twenty-four (24) units per acre within the Carver
Estates Overlay District as defined in Section 4.5.11 and UP to a maximum of eiqhteen
(18) units per acre within the Infill Workforce Housinq Area. subiect to the provisions of
Section 4.4.6(1). and Article 4.7.
Section 2. That Section 4.4.6, "Medium Density Residential (RM) District",
Subsections 4.4.6(F) "Development Standards", 4.4.6(G) "Supplemental District
Regulations" and 4.4.6(H) "Special Regulations" shall be amended to read as follows:
(F) Development Standards:
(1) The provisions for the R-1-A District shall apply for single family
detached dwellings.
(2) The development standards as set forth in Section 4.3.4 shall apply
for duplex and multi-family development, except as modified herein.
(3) Southwest Neighborhood and. Carver Estates. Overlay District~
and Infill Workforce Housinq Area Development Standards:
The following development standards apply to duplex and multi-family
development in the Southwest Neighborhood Overlay District. Carver Estates Overlay
District. and the Infill Workforce Housinq Area 38 defined in Section 4.5.9, which is
being developed pursuant to regulations set forth in Article 4.7, "Family/Workforce
Housing" .
(a) Setbacks:
tI1ill
fH7.0
fiH1Q1
Front:
Side (Street):
Side (Interior): 1 and 2 story
3 story
15'
15'
10'
15'
3
ORD. NO. 17-06
~!!)
Rear:
10'
(b) Setbacks for Garages, Carports and Porte-Cocheres: Garages,
carports and porte-cocheres must have a minimum 20' setback when
the entrance faces a public street or alley.
(c) Porch Encroachments: Front porches may extend 5' into the front or
side street setback and cannot occupy more than 50% of the building
frontage and cannot be enclosed in any manner.
(G) Supplemental District Regulations: In addition to the supplemental district
regulations set forth in Article 4.6, the following supplemental district regulations
shall apply in the RM zone district.
(1) Southwest Neighborhood. and Carver Estates Overlay Districts and
Infill Workforce Housinq Area: The following supplemental district regulations shall
apply to duplex and multi-family development in the Southwest Neighborhood
Overlay District 38 defined in Section 1.5.9, Carver Estates Overlay District and
the Infill Workforce Housinq Area, which is being developed pursuant to
regulations set forth in Article 4.7, "Family/Workforce Housing".
(a) Parking in the front yard is discouraged. No parking shall be allowed in
the front yard unless there is no dedicated access to the side or rear of
the property.
(b) When garages are provided in the side or rear yards, on-street parking
must be provided.
(H) Special Requlations:
(1) A minimum density of six units per acre is established for duplex and
multiple family housing projects within this district. Density may exceed the base of
six (6) units per acre only after the approving body makes a finding that the project
has substantially complied with performance standards as listed in 4.4.6(1). In no
event shall a development's total density exceed 12 units per acre, except within
the Southwest Neighborhood Overlay District. Carver Estates Overlay District.and
the Infill Workforce Housinq Area as allowed by Section 4.4.6(0)(12) and
4.4.6(0)(13). The density for a specific RM development may be further limited by
a numerical suffix affixed to the designation and shown on the zoning map (Le.
RM-8 limits the density to eight units per acre). To seek a density greater than
allowed by the suffix, it is necessary to rezone the property.
(2) Notwithstanding the above, a duplex may be situated upon a platted
lot pursuant to Section 4.3.4(I)(3)(b).
4
ORD. NO. 17-06
(3) Recreational areas shall be required for all new rental apartment
developments, and of owner occupied developments which have homeowner
associations that must care for retention areas, private streets, or common areas. New
developments must include recreational features that are designed to accommodate
activities for children and youth of all age ranges. Tot lots are appropriate for toddlers;
features such as a basketball court, volleyball court, and open playfields are
appropriate for older children. A pool and clubhouse, unless specifically designed for
children, is not considered to meet this requirement. Projects having fewer than
twenty-five (25) units may be exempted from this standard where it is determined by
the approving body that it is not practical or feasible to comply.
(4) The height of accessory structures shall not exceed the height of the
associated principal structure. Screen enclosures without a solid roof are excluded
from this limit.
(5) The floor area of an accessory structure shall not exceed 40% of the floor
area of the principal structure.
(6) Density Bonuses. Density bonuses may be granted to eligible properties
governed by regulations set forth in Chapter 4, "Zoning Regulations",
"Family/Workforce Housing" as discussed below:
(a) Southwest Neighborhood and Carver Estates Overlay Districts and
Infill Workforce HousinQ Area: Density bonuses above 12 units per
acre may be granted as a Conditional Use to eligible properties within
the Southwest Neighborhood and Carver Estates Overlay District~
defined in Section 4.5.9 and 4.5.11. respectivelv. and within the Infill
Workforce HousinQ Area. Section 4.5.12. subject to the regulations set
forth in Chapter 4, "Zoning Regulations", and Article 4.7,
"Family/Workforce Housing".
(b) S.W. 10th Street and Carver Estates Overlay Districts: Within the S.W.
10th Street and Carver Estatos Overlay District defined in Section
4.5.10 and "1.5.11, in addition to the performance standards listed in
Section 4.4.6(1), increases to a project's density beyond six (6) units
per acre is subject to the regulations set forth in Chapter 4, "Zoning
Regulations", and Article 4.7, "Family/Workforce Housing".
Section 3. That Section 4.4.9, "General Commercial (GC) District", Subsection
4.4.9(D), "Conditional Uses and Structures Allowed" is hereby amended by adding
Subsection 4.4.9(D)(19) to read as follows:
5
ORD. NO. 17-06
(D) Conditional Uses and Structures Allowed: The following are allowed as
conditional uses within the GC District, except as modified in the North Federal Highway
Overlay District by Section 4.4.9(G)(1).
(1) Residential Licensed Service Provider Facilities subject to
restrictions set forth in Section 4.3.3(0).
(2) Amusement game facilities.
(3) Wash establishments or facilities for vehicles.
(4) Child Care and Adult Day Care.
(5) Clubs and Lodges; social, fraternal, and recreational not exceeding
3,500 sq. ft. of gross floor area.
(6) Drive-in Theaters.
(7) Flea Markets, bazaars, merchandise marts, and similar retail uses.
(8) Funeral Homes.
(9) Gasoline Stations or the dispensing of gasoline directly into
vehicles.
(10) Hotels and Motels.
(11) Free-standing multiple-family housing subject to the requirements
of the RM District except for setback and height requirements which shall be pursuant to
this Section.
(12) Recreational establishments such as bowling alleys, gymnasiums,
health spas, miniature golf courses, skating rinks.
(13) Sales and service of All Terrain Vehicles and personal watercraft
(waverunners, jet skis), with no outside display, outside storage or outside service.
(14) Vehicle care limited to the changing of oil and filters, and lubrication
with no mechanical work or outside storage of vehicles except as a part of a gasoline
station.
(15) Veterinary Clinics.
6
ORD. NO. 17-06
(16) Group Home, Type 2 and Community Residential Homes, pursuant
to restrictions set forth in Section 4.3.3(1).
(17) Adult Gaming Centers.
(18) Churches or places of worship, and their attendant Sunday school,
recreational and columbarium facilities not exceeding 3,500 square feet of gross floor
area. The foregoing does not allow establishment of educational and care uses such as
elementary school and general day care.
(19) Multiple family residential development may exceed twelve (12)
units per acre, up to a maximum of eiqhteen (18) units per acre within the Infill
Workforce Housinq Area, subiect to the provisions of Section 4.4.6(1), and Article 4.7,
and subiect to the requirements of the RM District except for setback and heiqht
requirements, which shall be pursuant to this Section.
Section 4. That Section 4.5.12, Infill Workforce Housing Area is hereby
enacted, and 4.5.12 is hereby renumbered to read as follows:
Section 4.5.12 The Infill Workforce Housinq Area
(A) Defined: The Infill Workforce Housinq Area is located west of the
Intracoastal Waterway and east of 1-95 as shown on the map in Section 4.7.1(1) of the
Land Development Requlations.
Section 4.5.4213 North Beach/Seagate and Ocean Neighborhood
Overlay Districts:
(A) General: With the adoption of the City's Comprehensive Plan
Amendment 99-01, Housing Element Policy A-12.4 was modified to state the City will
provide planning and technical assistance to implement neighborhood-supported
initiatives aimed at preserving the character of existing residential areas. Such
assistance may involve the formulation of regulations that would limit the size and scale
of new homes to be consistent with existing structures within a defined neighborhood,
and analysis of the housing inventory to determine if the area qualifies for designation
as a historic district, and similar measures. In accordance with this policy, a Design
Manual was prepared for the single family zoned properties, east of the Intracoastal
Waterway, and was adopted by the City Commission on January 4,2005. This section
is created to adopt and implement the provision of the North Beach and Seagate
Neighborhoods Design Manual. All development within the North Beach/Seagate and
7
ORD. NO. 17-06
Ocean District Neighborhood Overlay District, as defined in Section (B) below, shall
take place according to the provisions of the manual adopted herein and included as an
exhibit hereto.
(B) Defined:
(1) North Beach/Seagate Neighborhood Overlay District: The
North Beach/Seagate Neighborhood Overlay District is hereby established as the area
zoned Single Family Residential (R-1), located north of East Atlantic Avenue, south of
George Bush Boulevard, east of the Intracoastal Waterway and west of North Ocean
Boulevard (State Road A-1-A) together with the entire Seagate Neighborhood generally
located south of Bucida Road, north of Lewis Cove, between the Intracoastal Waterway
and south Ocean Boulevard (State Road A-1-A), less Lots 35 through 45, Block 5, of
the plat of Seagate Extension. The regulations established in Section 4.4.3(E)(4),
4.4.3(F)(1) and 4.4.3(G)(1) shall apply to all parcels within the Overlay District.
(2) Ocean Neighborhood Overlay District: The Ocean Neighborhood Overlay
District is hereby established as the area located east of Ocean Boulevard (State Road
A-1-A), zoned Single Family Residential (R-1). The regulations established in Sections
4.4.3(E)(4), 4.4.3(F)(1) and 4.4.3(G)(1) shall apply to all parcels within the Overlay
District.
Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 6. 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
First Reading
MAYOR
Second Reading
8
ORD. NO. 17-06
CITY OF DELRAY
BEACH NOTICE OF PROPOSED
AMENDMENT TO THE LAND -
DEVELOPMENT REGULATIONS
. AMENDING SECTION 4.4.6
"MEDIUM DENSITY RESIDENTIAL
(RM) DISTRICT", SUBSECTION
4.4.6(0), "CONDITIONAL USES
AND STRUCTURES ALLOWED",
BY ADDING SUBSECTION
4.4.6(0)(13) TO INCLUDE
REFERENCES TO APPLICABLE
WORKFORCE HOUSING OVERLAY
DISTRICTS; AMENDING .
SUBSECTIONS 4.4.6(F),
"DEVELOPMENT STANDARDS",
4.4.6(G), "SUPPLEMENTAL
DISTRICT REGULATIONS" AND
SUBSECTION 4.4.6(H), "SPECIAL
REGULATIONS", TO ADD
ADDITIONAL WORKFORCE
HOUSING OVERLAY DISTRICTS;
AMENDING SECTION 4.4.9
"GENERAL COMMERCIAL (GC)
DISTRICT", SUBSECTION 4.4.9(0)
CONDITIONAL USES AND
STRUCTURES:ALLOWED", BY
ENACTING SUBSECTION
4.4.9(0)(19) TO INCLUDE AN
INCENTIVE TO BUILD
WORKFORCE HOUSING UNITS;
AMENDING ARTICLE 4.5,
"OVERLAY AND ENVIRONMENTAL
MANAGEMENT DISTRICTS
The City Commission ofthe Cny 01 Dekay Beach. Rorida. propo..' 10. adopt lhe loIlOwing ordinanc.:
QBPINMiGILNQ".1.IMi
AN ORDINANCe OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH. FLORIDA. AMENDING THE
LAND DEVELOPMENT REGUlATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DElRAY BEACH, BY
AMENDING SECTION 4.4.6 "MEDIUM DENSITY RESIDENTlAL (AM) DISTRICT'. SUBSECTION 4.4.6(0}. "CON-
DITIONAl USES AND STRUCTURES ALLOWED", BY ADDING SUBSECTION 4.4,6{DX131 TO INCLUDE REFER-
ENCES TO APPUCABLE WORKFORCE HOUSING OVERLAY DlsmICTS; AMENDING SUBSECTIONS 4.4.6(F),
"DEVElOPMENT STANDAROS", 4.4.6(G), "SUPPLEMENTAL DISTRICT REGULATIONS' AND SUBsecnON
4.4.6(11), 'SPECIAL REGULATIONS", TO ADD ADDITIONAL WORKFOf\CE HOUSING OVERLAY DISTRICTS;
AMENDING SEC110N 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT', SUBSEC110N 4.4.9(D) CONDmoNAl
USES AND STRUCTURES ALLOWED", BY ENACTING SUBSECTION 4.4.9(01(19) TO INCLUDE AN INC.ENTlVE
TO BUll.O WORKFORCE HOUSING UNITS; AMENDING ARTICLE 4.5, "OVERLAY AND ENVIRONMENTAL MAN.
AGEMENT DISTRICTS", BY ENACTING SUBSECTION 4.5.12, "INFILL WORKFORCE HOUSING AREA": PRO.
VlDlNG A GENERAL REPEALER CLAUSE: A SAVINGS CLAUSE AND AN EFFEcnve DATE.
The City Commission will conduct two (2) Public Hearing' for the purpose of accel>ting public lestimony regard.
Ing the proposed ordinence. The first Public Hearing will be tIeId onTY~.I\Y,MAllctl..2t..29Qll..AT..7)!lO
8M." lhe Commission Chambers at City Hall. 100 N'w. 1,t Ave""e. Delray Beach, AorIda. ff the proposed
ordinance i. pessed on first ",ading, a second Public Hearing will be held on ~AY",M",I....~.,.29Qlld\T
111lO.P.M. (or al any continuation 01 such meeting which i$ set by theCommlssion) in the Commission Chambers
at City Hall, 100 N.W. 1st Avenue, O<lIray Beooh. Florida.
AIIlntOlOSted citzens are invited '0 altend lhe public hearing' and Comment upon lhe proposed ordln8l1Ce or
submit their comments tn writing on or belore the date 01 these hearin9s ,otl,e Planning end Zoning Department.
For further inl""",ati"" or 10 obtain a coPl' of the proposed ordinanoe. please contact the PiaI'lnlng and Zoning
[leplI1tmont. Clly Hall, 100 N.W. 1st Aven\lO, Delray Beach, Florida 33444 (email atpzmail@mydelrayl>eaCh.COm)
or by Calling 561/243-7(40). between the hoUrs of 8:00 a.m. and 5:00 p.m., M""day thrOugh Fnday, excluding
holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE
BY THE' CITY COMMISSION WITH RESPECT TO /lH'I MAlTER CONSIDERED AT THESE HEARINGS. SUCH
PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTlMONY AND EVIDENCE
UpON WHICH TflE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD
PURSUANT TO F.S. 286.01~.
CITY OF DELRAY BEACH
CheWlIe D. Nubin
City Cler!<
PUBLISH: MondaY, Maroh 13, 2006
lUeeday. March 28, 2006
Boca Ratoo/llelrll\l Beach News
Ad" NS060323
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., arv OF DELRAY "
BEAtHNOtrIOE:'0P? PROPOSED'
AMENDMENT TO THE' LAND
DEVELOPMENT ReGULATIONS
AMENDING SECiION4.4.6
"M EDIUMDENSITYRESIDENTIAL
(RM) 'DISTRICT" ,'SUBSECTION
4.4.6(0), "CONDITIONAL ,USES
AND STRUCTURE~'ALLOWED",
BY ADDING,SUBSECTION
4.4.6(0)(13) to INCLUDE
REFERENCES TO APPLICABLE
WORKFORCE HOUSlN80VE'RLAY
DISTR,lcrS;~'~MENDING
SUBSECTI'C)NS 4.4:6(F),
"DEVELOPM&'NTSrAf\JDARDS"
'. ',"'" , '. , ,
'" 4.4.6(G), '~Sl:I:R~LjEMENTAL
DISTRICT REGULATIONS" AND
SUBSECTION 4.4.6(H), "SPECIAL
REGULATIONS~', TO ADD'
ADDITIONALtWORKFORCE
HOUSING ,OVERLAY DISTRICTS; ,
AMENDING SECTION 4.4.9
"GENERAL COMMERCIAL (GO)
DISTRICT", SUBSECTION 4.4.9(0)
CONDITIONAL USES AND
STRUCTURES ALLOWED", BY
ENACTING SUBSECTION
4.4.9(D)(19) TO INCLUDE AN'
INCENTIVE TO BUII:.D
WORKFORCE HOUSING UNITS;
AMENDING ARTICLE 4.5,
"OVERLAY AND ENVIRONMENTAL
MANAGEMENT 'DISTRICTS
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The City Commlsslcn 0/ the City of Oelray Bl!ac11, Florid.. proposes to adapt th. rollow;ng Q_once:
ORDINANCE NO 17 oOtl
AN ORDINANCE OF THE CITY COMMISSION ,OFTliE CITY OF DELRAY eEACH,FLORIDA, AMENDING THE
LANO DevaOPMENT REGULATIONS OF THE CODE OF ORDINANCES, Oi'tHE CITYOF DELRAY BEACH, BY
AMENDING SECTION 4.4.6 "MEDIUM DENSrrv IlESIOENTlAl (AM) OISTfllcr. SUBSECTION 4.4.6(0), .CON.
DITIONAL USES AND smUCTlJRES AllOWED", BY,ADDING SUBSECTION 4,<I,6(DXt3) TO INCLUDE REFER.
ENCES TO APPLICABLE WORKFORCE HOUSING OVERLAY DISTRICTS: AMENDING SUBSECTIONS 4.4;6(F),
"DEVELOPMENT STANDARDS", 4.4.ll(G), "SUPPLEMENTAL DIS'l'RlCT REGUI.>'JIONS~ AND SUBSECTION
4.4.6(H), "SPECIAL REGULATIONS", TO ADO ADDlTlONAL WORKFORCE HOusING OVERLAY DISTRICTS;
AMENDING SECTION 4.4.9 "GENERAl.. COMMERCIAL (GCl DISTRICT", SUBSECTION 4.4.9(0) CONOmONAL
USES AND STRUCTlJRESALLOweD", BY ENACTING SUBSECTION 4.4.9(DXtllf TO INCLUDe AN INCENTIVE
TO BUILD WORKFORCE HOUSING UNITS; AMENDING ARTlCLE 4.5, "OVERLAY AND ENVIRONMENTAl. MAN-
AGEMENT DISTRICTS". BY ENACTING SUBSECTION 4.5.12, "INFll.L WORKFORCE HOUSING AREA"; PRo..
VIDlNG A GENERAL REPEALER CLAUse; A SAiliNGS CLAUSE AND AN EFFE011VE DATE.
Th. CIty Commission Will cOnduct two (2) PUblic Hearing. f()f the_P\llPOBO of accepting public testimony regard.
Ing the pmposed ordinanefl., The first Public Hearing Will he /leld on :J:lIUPAY~..t1....2lK!l!.AT.IJQO
8M. in the CommlssionCham~ at City Hall, 100 N.w, 1.IA-...o. Oeln>y Belle", F\Qr1da. "the proposed
OIll'_ is passed on flrslreacling, ,a secomlPUbIic Heanng wid he held on'llIEliPA'G.~.2Ql!lIu~.T
1;OO,P.M.. (or at lUlyoontinuoti(ll'1 of such meeting w/l1ch i. set by the Commission) '" the Commission Chambers
otCity HaU,looN,W. tstA_ Oelray Be.ch, ,Florida. _ '
All i"I_led citizen. arel"vited tQ attend the public heating. and CQlTlment upoo the proposed ordin!ihc' Q'
SUbmtlthelr comments in writing on Clrbefot. the date of t/Iese hearings to the Planning and Zoning Oepaltment.
FClr further informatloo Clr to obtain a copy of the proposed OIllinanoe, ~ conlact th. Plannlng and ZOnlng
Oepartmen~ City Hall, 100 N.W. 1st Avenue, Delray Beach, F\Qr1da 33444 (emall at PZlnllil@mydelraybeach.oom)
or by colfing 561/243-7040). between the /lours 0/8:00 a.m. and 5:00 p.m.; Monday through Friday, .xcludlng
holidays.
PLEAsE BE ADVISED THAT IF A PERSON ,DECIDES TO APPEAL ANY DECISION MAOE
BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSlDEREDAT THESE HEARINGS, SUCH
PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCl.UDes THl' TEST1MONY ANliEVIDENCE
UPON WHICH THE APPEAl. IS TO BE BASED. THE CITY ooes NOT PROVIDE NOR PREPARE SUCH RECORD
PURSUANTTOF.5. 286.0105,
PUBLISH: Monday, Mereh 13, 2006
'lUeeday. MaleIl 28, 2006
Ildca RatonlOei~ Beach'~
Ad /I NSe60323 '
CITY OF DELRAY BEACH,
CheYeIla D. NubIn
City C1irl
"