48-96 ORDINANCE NO. 48-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT IN THE
CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING
LOCATED ON THE EAST SIDE OF N.W. 5TH AVENUE
APPROXIMATELY 200 FEET NORTH OF ATLANTIC AVENUE, AS
MORE PARTICULARLY DESCRIBED HEREIN, AND ASSOCIATED WITH
GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING
A GENERAL REPE~T.~.R CLAUSE, A SAVING CLAUSE, AND AN
WHEREAS, the property hereinafter described is shown on the
Zoning District Map of the City of Delray Beach, Florida, dated April,
1994, a~ being zoned GC (General Commercial) District; and
WHEREAS, at its meeting of October 21, 1996, the Planning and
Zoning Board for the City of Delray Beach, as Local Planning Agency,
considered this item at public hearing and voted unanimously to recommend
approval of the rezoning, based upon positive findings; and
WHEREAS, it is appropriate that the Zoning District Map of the
City of Delray Beach, Florida, dated April, 1994, be amended to reflect the
revised zoning classification.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Zoning District Map of the City of Delray
Beach, Florida, dated April, 1994, be, and the same is hereby amended to
reflect a zoning classification of CF (Community Facilities) District for
the following described property:
Lot 4 and the North 50 feet of Lot 5, Block 28, Map of
the Town of Linton (now Delray Beach), according to the
Plat thereof recorded in Plat Book 1, Page 3, of the
Public Records of Palm Beach County, Florida.
The subject property is located on the east side of
N.W. 5th Avenue, approximately 200 feet north of
Atlantic Avenue; containing 0.39 acres, more or less.
Section 2. That the Planning Director of said City shall, upon
the effective date of this ordinance, amend the Zoning Map of the City of
Delray Beach, Florida, to conform with the provisions of Section ! hereof.
Section 3. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 4. 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 5. That this ordinance shall become effective
immediately upon passage.
PASSED AND ADOPTED in regular session on second and final reading
on this the 19th day of November , 1996.
City Cler~ '
First Reading November 5, 1996
Second Reading November 19, 1996
- 2 - Ord. No. 48-96
Gl TY
ATTORNEY
BUILDING
MARTIN LUTHER KING JR. BLVD.
CITY
HALL
N.W. ST.
CF
COMM UNITY
CENTER
FIRE
S TA ?'ION
ATLANTIC AVENUE
~ ---- COMPLEX COUNTY
COU~:T
HOUSE
¢1
$.w. S.W. 1ST ST.
· W. 2NO ST.
II N - REZONING -
~ GREATER MT. OLIVE MISSIONARY BAPTIST CHURCH
PLANNING OEP^Rn~ENr FROM: CC (GENERAL COMMERCIAL) TO: CF (COMMUNITY FACILITIES)
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~DAVID T. HARDEN, CITY MANAGER
SUBJECT: AGENDA ITEM # IO.~ .- REGULAR MEETING OF NOVEMBER 19, 1996
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 48-96
(GREATER MOUNT OLIVE MISSIONARY BAPTIST CHURCH)
DATE: NOVEMBER 14, 1996
This is second reading and a quasi-judicial/public hearing for Ordinance
No. 48-96 which rezones a 0.39 acre parcel of land located on the east side
of N.W. 5th Avenue, between Atlantic Avenue and N.W. 1st STreet, from GC
(General Commercial) District to CF (Community Facilities) District. The
property is owned by Greater Mount Olive Missionary Baptist Church and is
proposed for development to accommodate a child care center and a youth
center.
The Planning and Zoning Board considered this matter at public hearing on
October 21, 1996, and voted unanimously to recommend approval, based on
positive findings with respect to Chapter 3 (Performance Standards) of the
Land Development Regulations, policies of the Comprehensive Plan, and LDR
Section 2.4.5(D)(5). At first reading on November 5, 1996, the Commission
passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 48-96 on second and final reading,
based upon the fiddlings and recommendation of the Planning and Zoning
Board.
ref: agmemo8
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~1
SUBJECT: AGENDA ITEM $ ~ ~' - MEETING OF NOVEMBER 5, 1996
ORDINANCE NO. 48-96/FIRST READING FOR THE GREATER MOUNT
OLIVE MISSIONARY BAPTIST CHURCH
DATE: NOVEMBER 1, 1996
This is first reading for Ordinance No. 48-96 rezoning a 0.39
acre parcel located on the east side of N.W. 5th Avenue, between
West Atlantic Avenue and N.W. 1st Street, approximately 200 feet
north of Atlantic Avenue, from GC (General Commercial) to CF
(Community Facilities). The rezoning is being processed to
accommodate a proposed child care and youth center for the
Greater Mount Olive Missionary Baptist Church. The development
proposal is to develop part of the open area on the parcel as a
play area for the child care center which will be located inside
the church, and to use the existing building as a youth center in
the future.
At its meeting of October 21, 1996 the Planning and Zoning Board
voted 7-0 to recommend the rezoning be approved, based on
positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Section 2.4.5(D) (5).
Recommend approval of Ordinance No. 48-96 on first reading. If
passed, public hearing is November 19, 1996.
TO: DAVID T. HARDEN, CITY MANAGER
ING AND ZONING
FROM: J/F./~/R/EY A. COSTELLO
SEN~OR PLANNER
SUBJECT: MEETING OF NOVEMBER 5, 1996
REZONING' FROM GC (GENERAL COMMERCIAL) TO CF
(COMMUNITY FACILITIES) FOR GREATER MOUNT OLIVE
MISSIONARY BAPTIST CHURCH.
The action requested of the City Commission is that of approval on
first reading of an ordinance rezoning a 0.39 acre parcel from GC
(General Commercial) to CF (Community Facilities).
The subject property is located on the east side of N.W. 5th
Avenue, between W. Atlantic Avenue and N.W. 1st Street,
approximately 200 feet north of Atlantic Avenue.
The proposal incorporates Lot 4 and the north 50 feet of Lot 5, Block 28, Town of
Delray which consists of 0.39 acres and contains a commercial structure
currently utilized for storage. The existing 1,406 sq.ft. Art Moderne style
commercial structure was constructed in 1946. The structure was historically
known as The Green Inn, however, the building was last occupied by the Two
Dudes Diner.
The proposal is to rezone the property from GC (General Commercial) to CF
(Community Facilities). The rezoning is being processed to accommodate a
City Commission Documentation
Meeting of October 1, 1996
Rezoning from GC to CF for Greater Mount Olive Missionary Baptist Church
Page 2
proposed child care center and youth center. The development proposal is to
install the play area for the child care center which will be located in the church
structure. The existing 1,406 sq.ft, commercial structure will be utilized as a
youth center in the future.
Additional background and an analysis of the request is found in the attached
Planning and Zoning Board Staff Report.
At its meeting of October 21, 1996, the Planning and Zoning Board held a public
hearing in conjunction with review of the request. There was no public testimony
regarding the rezoning. After reviewing the staff report and discussing the
proposal, the Board voted 7-0 to recommend that the rezoning be approved,
based upon positive findings with respect to Chapter 3 (Performance Standards)
of the Land Development Regulations, policies of the Comprehensive Plan, and
LDR Section 2.4.5(D)(5).
By motion, approve on first reading the ordinance for the rezoning from GC
(General Commercial) to CF (Community Facilities) for Greater Mount Olive
Missionary Baptist Church, based upon the findings, and recommendation by the
Planning and Zoning Board, and setting a public hearing date of November 19,
1996.
Attachments:
P & Z Staff Report and Documentation of October 21, 1996
Ordinance by Others
PLANNING AND ZONING BOARD
CITY OF DELRAY BEACH ---STAFF REPORT---
MEETING DATE: October 21, 1996
AGENDA ITEM: )V.A.
ITEM: Rezoning from GC (General Commercial) to CF (Community Facilities) for a
parcel of land located on the east side of N.W. 5th Avenue, Approximately
200 Feet North of Atlantic Avenue, Associated with Greater Mt. Olive
Missionary Baptist Church.
ATLANTIC AV
C~Rr o Z
GENERAL DATA:
Owners/Applicant ............................... Greater Mt. Olive Missionary Baptist Church
Location .............................................. East side of N.W. 5th Avenue, approximately 200 feet north of Atlantic Avenue
Property Size ...................................... 0.39 Acre
Future Land Use Map ......................... General Commercial
Current Zoning ................................... GC (General Commercial)
Proposed Zoning ................................ CF (Community Facilities)
Adjacent Zoning ........................ North: CF
East: CF
South: GC
West: GC & CF
Existing Land Use ............................... The parcel contains an existing 1,406 sq.ft, building which is currently utilized
for storage.
Proposed Land Use ............................ Rezoning from General Commercial to Community Facilities to accommodate
the playground associated with a proposed child care center, and utilization of
the existing structure as a youth center.
Water Service .................................... Existing on-site.
Sewer Service .................................... Existing on-site.
IV A
The item before the Board is that of making a recommendation on a
privately-initiated rezoning from (3(::; (General Commercial) to CF
(Community Facilities) for Greater Mount Olive Missionary Baptist
Church, pursuant to LDR Section 2.4.5(D).
The subject property is located on the east side of N.W. 5th Avenue,
between W. Atlantic Avenue and N.W. 1st Street, approximately 200 feet
north of Atlantic Avenue.
The proposal incorporates Lot 4 and the north 50 feet of Lot 5, Block 28, Town of
Delray which consists of 0.39 acres and contains a commercial structure currently
utilized for storage. The existing 1,406 sq.ff. Art Modeme style commercial structure
was constructed in 1946. The structure was historically known as The Green Inn,
however, the building was last occupied by the Two Dudes Diner.
The existing zoning, which is GC (General Commercial), permits child care centers as a
conditional use, however, as the property is being incorporated into the existing church
site, it is appropriate to rezone the site to CF (Community Facilities), which permits child
care centers as an accessory use to a church. Therefore, on September 6, 1996, a
rezoning application was submitted and is now before the Board for action.
The proposal is to rezone the property from GC (General Commercial) to CF
(Community Facilities). The rezoning is being processed to accommodate a proposed
child care center and youth center. The development proposal is to install the play area
for the child care center which will be located in the church structure. The existing
1,406 sq.ff, commercial structure will be utilized as a youth center in the future.
REQUIRED FINDINGS: (Chapter 3)
Pursuant to Section 3.1.1 (Required Findings), prior to the approval of
development applications, certain findings must be made in a form which is part
of the official record. This-may be achieved through information on the
application, the staff report, or minutes. Findings shall be made by the body
which has the authority to approve or deny the development application. These
findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan
Consistency and Compliance with the Land Development Regulations.
P & Z Board Staff Report
Rezoning from GC to CF for Greater Mt. Olive Missionary Baptist Church
Page 2
FUTURE LAND USE MAP: The use or structures must be allowed in the zoning
district and the zoning district must be consistent with the land use designation.
The subject property has a Future Land Use Map designation of General Commercial
and is currently zoned GC (General Commercial). Pursuant to LDR Section
4.4.21(A)(Purpose and Intent), .the CF zone distdct is a special purpose zone district
primarily intended for locations at which facilities are provided to serve public, semi-
public, and pdvate purposes. The proposed CF (Community Facilities) zoning
designation is deemed consistent with all Future Land Use Map designations. Pursuant
to LDR Sections 4.4.21(B)(3) and (4), within the CF zone district, child care and youth
centers are permitted uses. Also, a child care center is allowed as an accessory use to
a church [ref. LDR Section 4.4.21(B)(5)]. Based upon the above, a positive finding can
be made with respect to consistency with the Future Land Use Map designation.
CONCURRENCY: Facilities which are provided by, or through, the City shall be
provided to new development concurrent with issuance of a Certificate of
Occupancy. These facilities shall be provided pursuant to levels of service
established within the Comprehensive Plan.
In the preparation of the Delray Beach Comprehensive Plan, the land use designations
throughout the entire planning and service area were considered in the overall land use
pattern, assessment of level of service, the provision of services, and meeting
remaining land use needs. The establishment of the CF zone distdct will allow uses
that are similar or less intense than uses allowed under the GC zoning district.
Concurrency findings with respect to any future improvements will be made at the time
of development review.
CONSISTENCY: Compliance with the performance standards set forth in Section
3.3.2 (Standards for Rezoning Actions) along with required findings in Section
2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall
consistency is to be made. Other objectives and policies found in the adopted
Comprehensive Plan may be used in the making of a finding of overall
consistency.
COMPREHENSIVE PLAN POLICIES:
A review of the goals, objectives and policies of the adopted Comprehensive Plan was
conducted and no applicable objectives and policies were identified.
Section 3.3.2 (Standards for Rezoninq Actions): Standards A - C are not
applicable. The applicable performance standard of Section 3.3.2 is as follows:
(D) That the rezoning shall result in allowing land uses which .are deemed
compatible with adjacent and nearby land uses both existing and
proposed; or that if an incompatibility may occur, that sufficient
regulations exist to properly mitigate adverse impacts from the new use.
P & Z Board Staff Report
Rezoning from GC to CF for Greater Mt. Olive Missionary Baptist Church
Page 3
The properties to the north and east are zoned CF (Community Facilities); to the
south is GC; and, to the west is GC and CF. The adjacent land uses include the
following: north and east of the property are parking lots for Mt. Olive Missionary
Baptist Church; south is a vacant parcel which is owned by the CRA and is to be
developed as a parking lot; and west, across N.W. 5th Avenue, is vacant land
and the City's Fire Station #1.
Compatibility with the adjacent properties is not a concern as the properties are
commercial in character and are zoned CF and GC. The subject property is
bounded on two sides by church-owned property (Mt. Olive parking lots), and to
the south and west are commercial and community facility type uses.
Section 2.4.5(D)(5) {Rezoning Findings):
Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section
3.1.1, the City Commission must make a finding that the rezoning fulfills one of
the reasons for which the rezoning change is being sought. These reasons
include the following:
· That the zoning had previously been changed, or was originally
established, in error;
· That there has been a change in circumstances which make the current
zoning inappropriate;
· That the requested zoning is of similar intensity as allowed under the
Future Land Use Map and that it is more appropriate for the property
based upon circumstances particular to the site and/or neighborhood.
The basis for which the rezoning should be granted relates to Item "c". This rezoning
request to CF (Community Facilities) is being sought as the proposed zoning is similar
in intensity as the current GC zoning designation, and is more appropriate as the
property has been purchased and will be utilized by Greater Mt. Olive Missionary
Baptist Church. The property is to be developed as a play area associated with the
child care center which is to be located in the existing church structure. Future plans
call for conversion of the existing structure to a youth center. While the child care
center is allowed as a conditional use in the GC zone district, it is more appropriate to
apply the CF zoning as it is consistent with the church as well as any Future Land Use
Map designation.
COMPLIANCE WITH. LAND DEVELOPMENT REGULATIONS;
The property contains a 1,604 sq.ft, commercial structure with the balance of the
property undeveloped. With review of the rezoning petition, a site visit was conducted
and did not reveal any code violations. Any future development of the site will require
processing of a site plan and compliance with the applicable Land Development
P & Z Board Staff Report
Rezoning from GC to CF for Greater Mt. Olive Missionary Baptist Church
Page 4
Regulations. There are no problems anticipated complying with the Land Development
Regulations.
The subject property is not within a geographical area requiring review by the
Downtown Development Authority (DDA)
Community Redevelopment Agency
At its meeting of September 12, 1996, the CRA reviewed the rezoning request and had
no objections.
Historic Preservation Board
At its meeting of September 18, 1996, the HPB reviewed the rezoning request and had
no objections.
Public and Courtesy Notices:
Formal public notice has been provided to property owners within a 500' radius of the
subject property. Courtesy notices have been provided to the following civic and
homeowners associations:
Q Visions West Atlantic
Letters of objection and support, if any, will be presented at the Planning and Zoning
Board meeting.
The rezoning from GC (General Commercial) to CF (Community Facilities) is consistent
with the policies of the Comprehensive Plan and Chapter 3 of the Land Development
Regulations. The proposed CF zoning designation is consistent with the underlying
General Commercial Future Land Use Map designation. Also, positive findings can be
made with respect to LDR Section 2.4.5(D)(5)(Rezoning Findings), that the rezoning to
CF is more appropriate as it is similar in intensity as the current GC zoning designation,
and is more appropriate as the property has been purchased by Greater Mt. Olive
Missionary Baptist Church for uses associated with the church. Compatibility is not a
concern as the property is surrounded by commercial and community facility type uses.
A. Continue with direction.
B. Recommend approval of the rezoning request from GC (General Commercial) to
CF (Community Facilities) for the Greater Mt. Olive Missionary Baptist Church
P & Z Board Staff Report
Rezoning from GC to CF for Greater Mt. Olive MissionaQf Baptist Church
Page 5
based upon positive findings with respect to Chapter $ (Performance Standards)
of the Land Development Regulations, policies of the Comprehensive Plan, and
LDR Section 2.4.5(D)(5).
C. Recommend denial of the rezoning request from GC (General Commercial) to
CF (Community Facilities) for the Greater Mt. Olive Missionary Baptist Church
based upon a failure to make [positive findings with respect to LDR Section
2.4.5(D)(5), that the rezoning fails to fulfill one of the valid reasons for seeking a
rezoning.
Recommend to the City Commission approval of the rezoning request from GC
(General Commercial) to CF (Community Facilities) for the Greater Mt. Olive
Missionary Baptist Church based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations, policies of the
Comprehensive Plan, and LDR Section 2.4.5(D)(5).
Attachments:
Zoning/Location Map
Survey
This Staff Report prepared by: Jeff Costello. Senior Planner
,/'--SOUTH LINE OF LOT 5, BLOCK 28
~ IJ5.6" PLAT
1J5.6' PLA T
MT. OLIVE BAPTIST CHURCH PROPERTY
(PLAT BOOK 6~. PAGE 20)
~_ N. W. 1S T S TREE T u .....
A PUBLIC HEARING will ~ held
the ~Jiowing prop~ orclina~ces
m~), Jo ~ Ci~ ~mi~
C~m~, 1~ N.W. 1~ Av~,
ray ~ach, Fl~ida, at ~ich time
C~ Comm~ ~1 c~i~ ~ir
~. T~ ~ ~dina~
may ~ i~ at ~ ~ice
C~ C~k ~ C~ Hall, 1~ N.W.
A~, ~lray ~h, FI~a,
p.m, ~y ~h Friday, exc~
~i~. All ~ ~ are
vi~ ~ ~ a~ ~ ~ard wi~
~ ~ t~ ~ ~di~.
AN ORDINANCE OF THE CITY CO~
M SS ON OF THE C TY OF DELRAY
BEACH, FLORIDA, REZONING AND
P~C;NG ~HD PRESENTLY
ZONED GC (GENERAL C~ER-
CIA~) DISTRICT IN THE CF
(C~UNITY FACILITIES) DI~
TRACT; ~ID ~HD BEING L~AT-
ED ON THE E~T SIDE OF N.W 5TH
AVENUE APPROX~TE~Y
~UE, AS ~ORE PARTICU~RLY
DESCRIBED HEREIN, AND
ATED WITH GREATER MOUNT OL.
IVE MISSIONARY BAPTIST
CHURCH; ~ENDING 'ZONING
~P OF DELRAY BEACH, F~ORI-
DA, 1~?; PROVIDING A GENERAL
REPEALER C~USE, A ~V~NG
C~USE, AND AN EFFECT;VE
DATE.
AN ORDINANCE OF THE CI~
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ~ENDING
TICLE 4~, ~VER~Y AND ENVI-
RONMENTAL ~NAGEMENT DI~
TRICTS~, OF THE ~ND DEVELOP-
MENT REGU~T)ONS OF THE CITY
OF DELRAY BEACH, FLORIDA,
ENACTING A NEW SUBSECTION
4.5.1(M), ~ EXEMPTION FOR
HISTORIC PROPERTIES; TO AU-
THORIZE AD VALOREM T~ EX-
EMPTIONS FOR HISTORIC PROP-
ERTIES; ESTABLISHING REQUIRE-;
MENT5 AND PR~EDURES; DESI~
gATING THE H~STOR~C PRESER-
VATIOH BOARD TO REVIEW APPLI-
~TfONS AND ~KE REC~EN-
DAT~ONS TO THE CITY CO~l~
SION; ESTABLISHING PENALTIES;
PROVIDING A ~VING C~USE, A
REPEALER C~USE, AND AN EF-
FE~IVE DATE.
Ag ORDINANCE OF THE CITY
MINION OF THE CITY OF DELRAY
BEACH, FLOR~D~ A~PTING CO~
PREHENSIVE P~g ~ENDMENT
~IA PURSUANT TO THE PROVI.
SlOgS OF THE ~AL ~VERN-
MENT C~PREHENSIVE P~N-
N~NG AND ~ND DEVELOPMENT
REGU~TIOg AC~, FLORIDA
~TATUTE$ SECTIONS ~16~
THROUGH ~, iNCLUSIVE;
ALL AS MORE PART~CU~RLY DE-
~RIBED ~N EXHIBIT "A~ ENTI-
TLED C~PREHEHSIVE P~N
~EHDMENT ~A~ AND INCOR~
RATED HEREIN ~Y REFERENCE;~
PROVIDING A ~VING C~USE, A
GENERAL REPEALER C~USE,
AND AN EFFECTIVE DATE.
AH ~DINANCE OF THE CiTY
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, ~ENDING SEC-
TION 4.4.~, ~ENERA~ C~ER-
CIA~ (GC) DISTRICt, SUBSECTION
4.~(D), ~ONDITIONAL USES AND
STRUCTURES ALLOWEd, AND
SUBSECTION
~UPPLEMENTAL DISTRICT REGU-
~TIONS", OF THE ~ND DEVEL.
OPMENT REGU~T~ONS OF THE
CITY OF DELRAY BEACH, TO
VIDE FOR THE NORTH FEDERAL
HIGHWAYOVERLY D~STRICT;
~END~NGARTICLE 4.5,
~VER~Y AND ENVIRON~ENTA~
~NAGEMENT DI~TRICT~, OF
~D ~ND DEVELOPMENT REGU-
~TIONS, BY ENACTING SECTION
4.5.7, ~HE NORTH FEDERAL HIGH-
WAY OVERLY DISTRICt, TO DE-
FINE AND ESTABLISH ~ID OVER.
~Y DISTRICT; PROVIDING A GEN-
ERAL REPEALER C~USE, A SAV-
I~ C~USE, AND AN EFFECTIVE
~TE.
AN ORDINANCE OF THE CITY CO~
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING OR.
DINANCE 33-96 ENACTING CHAP-
TER 51, ~GARBAGE AND TRASH',
OF THE CODE OF ORDINANCES OF
THE CiTY OF DELRAY BEACH, BY
AMENDING SECTION ~1.01,
'DEFINITtONS', TO ADD AND DE.
LETE CERTAIN DEFIN~TIONS; BY
AMENDING SECTIONS 51.02,
"DUMPING ON PROPERTY OWNED
BY OTHERS PROHIBITED*, 51.20,
"BUILDING MATERIALS', 51.21,
'COMMERCIAL LANDSCAPE OR
LAWN MAINTENANCE BUSINESS;
RESPONSIBILITY FOR TRASH COL.
LECTION~, 51.22, ~VEGETATIVE
WASTE', SI.23, 'BULK TRASH', S1.3~,
'CONTAINERS REQUIRED FOR
RESIDENTIAL AND COMMERCIAL
SITES~, SI.39, 'MAINTENANCE OF
CONTAINERS", S1.~, "pLACEMENT
OF CONTAINERSAND TRASH;
PRECOLLECT~ONPRACTICES',
S1.~, 'CONSTRUCTION AND DEMO-
LITION SITES', S1.71, 'PAYMENT
AND BILLING', $1.~2, "METHOD OF
BILLING", S1.73, ~ELINQUENT
PAYMENTS; LIEN~, AND S1.75,
"PERSON BILLED FOR WATER
SHALL BE RESPONStBLE FOR
CHARGES' TO PROVIDE CLARIFI.
CATION; BY AMENDING SECTION
S1.1~, erYPES Of: SERVICES PRO-
VIOED FOR PICKING UP GARBAGE
AND TRASH', TO PROVIDE CLARI-
FICATION AND PROVIDING THAT
THE SUBDIVISION OF 'SPANISH
WELLS SHALL RECEIVE
REAR-DOOR~SIDE-DOOR SERVICE
AND TO PROVIDE FOR A CURB-
SIDE DISPOSABLE BAG SERVICE
WITH CENTRALIZED VEGETATIVE
AND BULK PICKUP; BY AMEND-
ING SECTION 51.37, "USE OF OTHER
UNITS AND CONTAINERS', TO PRO-
V~DE FOR COLLECTION OF
ROLLOFF COMPACTORS FOR RESI-
DENTIAL UNITS; BY AMENDING
~FrTIr~N SI70, "REGULAR CHARG-
ES LEVIED*, TO PROVIDE A RATE
FOR THE CURBSIDE DISPOSABLE
BAG SERVICE WITH CENTRALIZED
VEGETATIVE AND BULK PtCKUP;
PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
Pleas~ be advis~ that if a ~erso~ de-
cides to ap~ea~ any decision made by
tbe City Commission with resaect to;
any mafia' co~sidereci at this bearing
such berson wi ~ a record o~
procea.lings, and ~or this purpo~ such
~ may netc~ to e~sure that a vet.
~atim record includes the testimony
and evidence upon which the a~oeal is
to be ba~d. The City does not provide
a. prepare such record. Pursuant to
P.S. ~.0105.
CITy OF DELRAY BEACH
AIHo~ MacGregor Harry
City Clerk
Publish: November l, 1~96
The News
Ad/3~727
CITY OF DELRAY BEACH~ FLORIDA NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the following proposed ordinances at
7:00 p.m. on TUESDAY, NOVEMBER 19, 1996 (or at any continuation of
such meeting which is set by the Commission), in the City Commission
Cham~rs, 100 N.W. 1st Avenue, Delray Beach, Florida, at which time
the City Commission will consider their adoption. The proposed
ordinances may be inspected at the Office of the City Clerk at City
Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, between the hours of
8:00 a.m. and 5:00 p.m., Monday through Friday, except holidays. All
interested parties are invited to attend and be heard with respect to
the proposed ordiD~ances.
ORDINANCE NO. 48-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL
COMMERCIAL) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID
LAND BEING LOCATED ON THE EAST SIDE OF N.W. 5TH AVENUE APPROXIMATELY
200 FEET NORTH OF ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN, AND ASSOCIATED WITH GREATER MOUNT OLIVE MISSIONARY BAPTIST
CHURCH; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994";
PBDVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
ORDINANCE NO. 50-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING ARTICLE 4.5, "OVERLAY AND ENVI~DNMENTAL MANAGEMENT
DISTRICTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY ENACTING A NEW SUBSECTION 4.5.1 (M), "TAX EXEMPTION
FOR HISTORIC PROPERTIES", TO AUTHORIZE AD VALOREM TAX EXEMPTIONS FOR
HISTORIC PROPERTIES; ESTABLISHING REQUIREMENTS AND PRDCEDURES;
DESIGNATING THE HISTORIC PRESERVATION BOARD TO REVIEW APPLICATIONS AND
MAKE RECOMMENDATIONS TO THE CITY COMMISSION; ESTABLISHING PENALTIES;
PROVIDING A SAVING CLAUSE, A REPEALER CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 51-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 96-1A PURSUANT TO THE
PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND
DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163. 3161
THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ENTITLED COMPREHENSIVE PLAN AMENDMENT 96-1A" AND
INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECT/VE DATE.
ORDINANCE NO. 53-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLOR/DA, AMENDING SECTION 4.4.9, "GENERAL C(IMS~RCIAL (GC) DISTRICT" ,
SUBSECTION 4.4.9 (D) , "CONDITIONAL USES AND STRUCTURES ~D", AND
SUBSECTION 4.4.9(G), "SUPPLEMENTAL DISTRICT REGULATIONS", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR
THE NORTH FEDERAL HIGHWAY OVERLAY DISTRICT; AMENDING ARTICLE 4.5,'
"OVERLAY AND ENVIRONMENTAL MANAGEMENT DISTRICTS", OF SAID LAND
DEVELOPMEN~ REGULATIONS, BY ENACTING SECTION 4.5.7, "THE NORTH FEDERAL
HIGH~AY OVERLAY DISTRICT" , TO DEFINE AND ESTABLISH SAID OVERLAY
DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN
EFFECTIVE DATE.
ORDINANCE NO. 55-96
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLOR/DA, AMENDING ORDINANCE 33-96 ENACTING CHAPTER 51, "GARBAGE AND
TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY
AMENDING SECTION 51.01, "DEFINITIONS", TO ADD AND DELETE CERTAIN
DEFINITIONS; BY AMENDING SECTIONS 51.02, "DUMPING ON PROPERTY OWNED BY
OTHERS PROHIBITED", 51.20, "BUILDING MATERIALS", 51.21, "COMMERCIAL
LANDSCAPE OR LAWN MAINTENANCE BUSINESS; RESPONSIBILITY FOR TRASH
COLLF. CTION", 51.22, "VEGETATIVE ~L~STE", 51.23, "BULK TRASH", 51.35,
"CONTAINERS REQUIRED FOR RESIDENTIAL AND COMMERCIAL SITES", 51.39,
"MAINTENANCE OF CONTAINERS", 51.40, "PLACEMENT OF CONTAINERS AND
TRASH; PRECOLLECTION PRACTICES", 51.45, "CONSTRUCTION AND DEMOLITION
SITES", 51.71, "PAYMENT AND BILLING", 51.72, "METHOD OF BILLING",
51.73, "DELINQUENT PAYMENTS; LIEN", AND 51.75, "PERSON BILLED FOR
WATER SHALL BE RESPONSIBLE FOR CHARGES" TO PROVIDE CLARIFICATION; BY
AMENDING SECTION 51.18, "TYPES OF SERVICES PROVIDED FOR PICKING UP
GARBAGE AND TRASH", TO PRDVIDE CLARIFICATION AND PROVIDING THAT THE
SUBDIVISION OF SPANISH WELLS SHALL RECE1VE REAR-DOOR/SIDE-DOOR SERVICE
AND TO PROVIDE FOR A CURBSIDE DISPOSABLE BAG SERVICE WITH CENTRALIZED
VEGETAT/VE AND BULK PICKUP; BY AMENDING SECTION 51.37, "USE OF OTHER
UNITS AND CONTAINERS", TO PROVIDE FOR COLLECTION OF ROLLOFF COMPACTORS
FOR RESIDENTIAL UNITS; BY AMENDING SECTION 51.70, "REGULAR CHARGES
LEVIED", TO PROVIDE A RATE FOR THE CURBSIDE DISPOSABLE BAG SERVICE
WITH CENTRALIZED VEGETATIVE AND BULK PICKUP; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
Please be advised that if a person decides to appeal any decision made
by the City Commission with respect to any matter considered at this
hearing, such person will 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.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
November 8, 1996 Alison MacGregor Harty
City Clerk
Instructions to Newspaper: This is a standard legal ad to be placed
in the legal/classified section. Thank you.
EXHIBIT A - LEGAL DESCRIPTION
LEGAL VERIFICATION FORM
FILE #: 96-264
PROJECT NAME: MT OLIVE MISSIONARY BAPTIST CHURCH
LEGAL DESCRIPTION:
Lot 4 and the North 50' of Lot 5, Block 28, Map of the Town
of Linton (now Delray Beach), according to the Plat thereof
Recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach
County, Florida.
SOURCE of Legal Description: SURVEY (copies attached)
VERIFIED BY:'~ DATE: lO//~/~(v
VERIFICATION REQUEST NEEDED BY: OCTOBER 25, 1996
LEGMTOL