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Ord 13-07 /" / "\ ORDINANCE NO. 13-07 AN ORDINANCE OF THE CITI COMMISSION OF THE CITI OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 8.5.1, "ESTABLISHMENT OF PUBLIC ARTS PROGRAM", SUBSECTION 8.5.1(C), "OWNERSHIP AND MAINTENANCE"; SECTION 8.5.2, "PUBLIC ART ADVISORY BOARD" TO PROVIDE CLARIFICATION AS TO THE USE OF FUNDS FOR THE PUBLIC ART PROGRAM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 26, 2007, and voted 5 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; and WHEREAS, the public will benefit from art placed on private property that is either accessible by the public or can be viewed from the public right of way; and WHEREAS, by placing public art on private property in certain locations where public property is not available, the public will benefit. NOW, THEREFORE, BE IT ORDAINED BY THE CITI COMMISSION OF THE CITI OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 8.5.1, "Establishment of Public Arts Program", Subsection 8.5.1(C), "Ownership and Maintenance", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: r" /'\ (C) Ownership and Maintenance: (1) The City will own all the rights to the art produced under the Public Arts Program that is placed on public or City owned property, subject to the provisions of the Visual Artists Rights Act of 1990. All contracts with artists and all art purchases will require the artist to waive the following restrictions: (i) Photographic reproduction rights; (ii) Right to remove/relocate art; (iii) Right to repair art in case of emergency. Artist will retain the copyright and the right to be notified if the work is to be destroyed, or modified or radically repaired on a nonemergency basis. (2) City will retain ownership of proposal models or drawings of commissioned art. (3) Maintenance will may be the responsibility of the City. (4) If the Cit;y contributes funds for art that is placed on private property and does not hire the artist to perform the work. paragraph (1) above shall not apply. If the City hires the artist to perform the work on private property then paragraph (1) shall apply. However. if the City contributes funds for an art project that is located on private property. an agreement must be executed between the City and the property owner that sets forth the following: Who will maintain the artwork; The standard in which it will be maintained: What rights. if any. that the City or some other third part;y will have regarding access to the artwork: What remedies the City may have if the property owner fails to maintain the artwork in the manner set forth in the agreement: The location of the artwork and requirements that nothing may be placed in front of the artwork to shield its view from the public: The rights the public has to view or access to the artwork: The time period in which the artwork will remain at the location set forth in the agreement and provisions for reimbursement of city funds. if required. if the artwork is removed prior to that time period: Once the required time period for the artwork to remain on the propert;y. as set forth in the agreement. has expired and if the artwork is owned by the City. the City shall remove the artwork; if the artwork is not owned by the City. the City will not be responsible for its removal. Ownership of the artwork. Section 3. That Section 8.5.2, "Public Art Advisory Board", of the Land Development 2 ORD. NO. 13-07 r~ "'''\ Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 8.5.2 Public Art Advisory Board: (A) The Public Art Advisory Board is hereby established as an advisory body to the City Commission pursuant to the provisions set forth herein and shall render an advisory opinion to City Commission regarding, but not limited to, the following: (1) The suitability of the construction project as a location for works of art; (2) The nature of the works of art which are most appropriate for the construction project; and (3) The best method for securing the recommended works of art. (B) The Public Art Advisory Board is hereby created for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection, construction. aftd placement and/or funding of public art in/on City right-of- way. aftd City owned property and private property where an agreement. acceptable to the City. has been executed regarding the art and the art is clearly visible by the public. The Advisory Board, when making its recommendation, shall consider the following guidelines: (1) Whether the proposed public art conforms to the definition of public art; (2) Whether the proposed public art is compatible with the neighborhood and not injurious to the neighborhood or otherwise detrimental to the public welfare; (3) Whether the proposed public art presents a safety hazard to the public; (4) Whether the proposed public art is of exceptional quality and enduring value; (5) Whether the proposed public art serves to further the City's goal of promoting cultural diversity; (6) Whether the proposed public art is appropriate to the site; C0 Whether the proposed public art should be installed at the proposed location on a site or at a different location; (8) Whether the proposed public art requires extraordinary maintenance, such as any special servicing due to periodic adjustment, repairing, or repair or replacement of moving parts. 3 ORD. NO. 13-07 r "' /,\ (C) The Public Art Advisory Board shall consist of seven (7) members. Three seats on the board must be filled with either an artist, architect, landscape architect or engineer. The appointing body shall endeavor to appoint as many disciplines as possible to the board. Lay persons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the board. The City Commission shall appoint all members of the Public Art Advisory Board. (D) The members of the Public Art Advisory Board shall serve for terms of two (2) years, except that the members of the first board to serve shall be appointed so that three (3) members shall serve one (1) year terms and four (4) members shall serve two (2) year terms. It is further provided that no member may serve more than two successive terms on the Public Art Advisory Board. (E) The Public Art Advisory Board shall make recommendations to the City Commission regarding constructing, placing or installing public art into CIP projects as well as making recommendations to the City Commission for the funding or placing of public art on private property. where such art is clearly visible by the public and the City has obtained an agreement for the funding or placement of such art with the property owner. (F)The Public Art Advisory Board shall be organized and shall operate as follows: (1) The Public Art Advisory Board shall elect a Chairperson and Vice-Chairperson to preside at its meetings and any other officers the board may deem necessary. (2) The Public Art Advisory Board shall hold meetings on a regular basis at least once monthly, if necessary, which meetings shall be open to the public. Minutes shall be kept of all such meetings, and any special meetings, with copies of said minutes and any other reports to be transmitted to the City Commission and the City Manager. (3) The Public Art Advisory Board shall have technical and logistical support provided as designated by the City Manager. (4) The Public Art Advisory Board shall review and make recommendations on all CIP projects, above $200,000.00, (it may review, in its discretion, CIP projects under $200,000.00), to the City Commission. (5) The Public Art Advisory Board shall be subject to the provisions of Chapter 32, "Departments, Boards and Commissions", of the Code of Ordinances and Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", of the Land Development Regulations of the of the Code of Ordinances of the City of Delray Beach, except as provided is Section 8.5. 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. 4 ORD. NO. 13-07 (' /\ 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 immediately upon its passage on second and final reading. 'iN.. p A_SS~AND ADOPTED in regular session on second and final reading on this ~ of ~~ ,2007. ArrEST: ~lLA OR '- City Clerk First Reading 5 ORD. NO. 13-07 MEMORANDUM FROM: MAYOR AND CITY COMMISSIONERS 11YJ /bJ CITYMANAGER~/I /.,' AGENDA ITEM # ) . J - REGULAR MEETING OF MARCH 20. 2007 ORDINANCE NO. 13-07 TO: SUBJECT: DATE: MARCH 16, 2007 This ordinance is before Commission for second reading for a city initiated amendment to the Land Development Regulations (LDR) Section 8.5.1, "Establishment of Public Arts Program", Subsection 8.5.1(C), "Ownership and Maintenance", and Section 8.5.2, "Public Art Advisory Board", to provide clarification as to the use of funds for the Public Arts Program. At the first reading on March 5, 2007, the Commission passed Ordinance No. 13-07. Recommend approval of Ordinance No. 13-07 on second and final reading. S:\City Qerk\AGENDA COVER MEMOS\OrdilWlce Agenda Memos\Ord 13-07 Amend LOR Sec.8.5.1 Establishment of Public Arts Program 03.20.07.doc ~ FROM: D49~ .,y~ING, AJ ~LD R. ~G CP, PRINCIPAL PLANNER TO: THRU: SUBJECT: MEETING OF MARCH 5, 2007 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS) SECTION 8.5.1, "ESTABLISHMENT OF PUBLIC ARTS PROGRAM", SUBSECTION 8.5.1(C), "OWNERSHIP AND MAINTENANCE;" AND SECTION 8.5.2, "PUBLIC ART ADVISORY BOARD," TO PROVIDE CLARIFICATION AS TO THE USE OF FUNDS FOR THE PUBLIC ARTS PROGRAM. The item before the City Commission is approval of a City-initiated amendment to Land Development Regulations Article 8.5, "Public Arts Program," to provide clarification as to the use of funds for the program. The purpose of the Public Arts Program is to enhance the diversity, character, and heritage of the City through the integration of artworks and designs by artists into the architecture, streets and landscape throughout the City of Delray Beach. The program was established by Ordinance 77-04, adopted by the City Commission on February 1,2005. The purpose of this City-initiated amendment is to provide clarification that monies generated by the Public Arts Program may be used to fund art placed on private as well as public property. Provisions have been added to require that art placed on private property, which is funded by the program, be clearly visible by the public, and that an agreement be executed between the City and the property owner. Since opportunities to place public art at highly visible locations on private property, (e.g., a mural on the wall of a building facing a public roadway), might arise in the future, this clarification is necessary for the Public Art Advisory Board in making its recommendations to the City. By providing clarification that funds generated by the Public Arts Program may be used to fund art on private as well as public property, this amendment will provide additional opportunities for the placement of art in the City. The proposed amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan which acknowledges the role of Culture and the Arts in Economic Development. The text amendment was considered by the Planning and Zoning Board on February 26, 2007. No one from the public spoke on the issue. The Board discussed the Ordinance and recommended approval on a 5 to 0 vote (Halberg and Zacks absent), by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. 12.~ City Commission Meeting of March 5, 2007 Amendment to LDRs Pertaining to the Public Arts Program Page 2 By motion, approve on first reading Ordinance No. 13-07, amending LDR Section 8.5.1, "Establishment of Public Arts Program, Subsection 8.5.1 (C), "Ownership and Maintenance;" and Section 8.5.2, "Public Art Advisory Board," to provide clarification as to the use of funds for the Public Arts Program, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5) of the Land Development Regulations, with second reading to occur on March 20, 2007. Attachments: . Ordinance No. 13-07 . Planning & Zoning Staff Report of February 26, 2007 ORDINANCE NO. 13-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 8.5.1, "ESTABLISHMENT OF PUBLIC ARTS PROGRAM", SUBSECTION 8.5.1 (C), "OWNERSHIP AND MAINTENANCE"; SECTION 8.5.2, "PUBLIC ART ADVISORY BOARD" TO PROVIDE CLARIFICATION AS TO THE USE OF FUNDS FOR THE PUBLIC ART PROGRAM; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 26, 2007, and voted 5 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; and WHEREAS, the public will benefit from art placed on private property that is either accessible by the public or can be viewed from the public right of way; and WHEREAS, by placing public art on private property in certain locations where public property is not available, the public will benefit. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 8.5.1, "Establishment of Public Arts Program", Subsection 8.5.1 (C), "Ownership and Maintenance", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (C) Ownership and Maintenance: (1) The City will own all the rights to the art produced under the Public Arts Program that is placed on public or City owned property, subject to the provisions of the Visual Artists Rights Act of 1990. All contracts with artists and all art purchases will require the artist to waive the following restrictions: (i) Photographic reproduction rights; (ii) Right to remove/relocate art; (iii) Right to repair art in case of emergency. Artist will retain the copyright and the right to be notified if the work is to be destroyed, or modified or radically repaired on a nonemergency basis. (2) City will retain ownership of proposal models or drawings of commissioned art. (3) Maintenance will may be the responsibility of the City. (4) If the City contributes funds for art that is placed on private property and does not hire the artist to perform the work. paraqraph (1) above shall not apply. If the City hires the artist to perform the work on private property then paraqraph (1) shall apply. However. if the City contributes funds for an art proiect that is located on private property. an aqreement must be executed between the City and the property owner that sets forth the followinq: Who will maintain the artwork; The standard in which it will be maintained; What riqhts. if any. that the City or some other third party will have reqardinq access to the artwork; What remedies the City may have if the property owner fails to maintain the artwork in the manner set forth in the aqreement; The location of the artwork and requirements that nothinq may be placed in front of the artwork to shield its view from the public: The riqhts the public has to view or access to the artwork: The time period in which the artwork will remain at the location set forth in the aqreement and provisions for reimbursement of city funds. if required. if the artwork is removed prior to that time period: Once the required time period for the artwork to remain on the property. as set forth in the aqreement. has expired and if the artwork is owned by the City. the City shall remove 2 ORD. NO. 13-07 the artwork; if the artwork is not owned by the City. the City will not be responsible for its removal. Ownership of the artwork. Section 3. That Section 8.5.2, "Public Art Advisory Board", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 8.5.2 Public Art Advisory Board: (A) The Public Art Advisory Board is hereby established as an advisory body to the City Commission pursuant to the provisions set forth herein and shall render an advisory opinion to City Commission regarding, but not limited to, the following: (1) The suitability of the construction project as a location for works of art; (2) The nature of the works of art which are most appropriate for the construction project; and (3) The best method for securing the recommended works of art. (B) The Public Art Advisory Board is hereby created for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection, construction~ aRG placement and/or fundinq of public art in/on City right-of-way~ aRG City owned property and private property where an aqreement. acceptable to the City. has been executed reqardinq the art and the art is clearly visible by the public. The Advisory Board, when making its recommendation, shall consider the following guidelines: (1) Whether the proposed public art conforms to the definition of public art; (2) Whether the proposed public art is compatible with the neighborhood and not injurious to the neighborhood or otherwise detrimental to the public welfare; (3) Whether the proposed public art presents a safety hazard to the public; (4) Whether the proposed public art is of exceptional quality and enduring value; (5) Whether the proposed public art serves to further the City's goal of promoting cultural diversity; 3 ORD. NO. 13-07 (6) Whether the proposed public art is appropriate to the site; (7) Whether the proposed public art should be installed at the proposed location on a site or at a different location; (8) Whether the proposed public art requires extraordinary maintenance, such as any special servicing due to periodic adjustment, repairing, or repair or replacement of moving parts. (C) The Public Art Advisory Board shall consist of seven (7) members. Three seats on the board must be filled with either an artist, architect, landscape architect or engineer. The appointing body shall endeavor to appoint as many disciplines as possible to the board. Lay persons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the board. The City Commission shall appoint all members of the Public Art Advisory Board. (0) The members of the Public Art Advisory Board shall serve for terms of two (2) years, except that the members of the first board to serve shall be appointed so that three (3) members shall serve one (1) year terms and four (4) members shall serve two (2) year terms. It is further provided that no member may serve more than two successive terms on the Public Art Advisory Board. (E) The Public Art Advisory Board shall make recommendations to the City Commission regarding constructing, placing or installing public art into CIP projects as well as makino recommendations to the City Commission for the fundino or placino of public art on private property, where such art is clearly visible by the public and the City has obtained an aoreement for the fundino or placement of such art with the property owner. (F) The Public Art Advisory Board shall be organized and shall operate as follows: (1) The Public Art Advisory Board shall elect a Chairperson and Vice-Chairperson to preside at its meetings and any other officers the board may deem necessary. (2) The Public Art Advisory Board shall hold meetings on a regular basis at least once monthly, if necessary, which meetings shall be open to the public. Minutes shall be kept of all such meetings, and any special meetings, with copies of said minutes and any other reports to be transmitted to the City Commission and the City Manager. (3) The Public Art Advisory Board shall have technical and logistical support provided as designated by the City Manager. 4 ORD. NO. 13-07 (4) The Public Art Advisory Board shall review and make recommendations on all CIP projects, above $200,000.00, (it may review, in its discretion, CIP projects under $200,000.00), to the City Commission. (5) The Public Art Advisory Board shall be subject to the provisions of Chapter 32, "Departments, Boards and Commissions", of the Code of Ordinances and Article 2.2, "Establishment of Boards Having Responsibilities for Land Development Regulations", of the Land Development Regulations of the of the Code of Ordinances of the City of Delray Beach, except as provided is Section 8.5. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_ ATTEST MAYOR City Clerk First Reading Second Reading 5 ORD. NO. 13-07 PLANNING MEETING DATE: FEBRUARY 26, 2007 IV.J. AGENDA NO: AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS) SECTION 8.5.1, "ESTABLISHMENT OF PUBLIC ARTS PROGRAM", SUBSECTION 8.5.1(C), "OWNERSHIP AND MAINTENANCE;" AND SECTION 8.5.2, "PUBLIC ART ADVISORY BOARD," TO PROVIDE CLARIFICATION AS TO THE USE OF FUNDS FOR THE PUBLIC ARTS PROGRAM. The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to Land Development Regulations Article 8.5, "Public Arts Program," to provide clarification as to the use of funds for the program. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. On August 20, 2002, following a recommendation by Richard McGloin, the City Commission established a Public Arts Task Force via Resolution No. 67-02. The purpose of the Task Force was to identify the methods, process, criteria and potential funding sources for incorporation of pubic art into future development projects within the City. A draft proposal for a Public Arts Program in Delray Beach was produced on February 28, 2003. At the City Commission workshop, held on April 8, 2003, the Task Force provided a presentation outlining its findings and recommendations. On April 15, 2003, the City Commission established the Public Arts Implementation Committee via Resolution No. 26-03. The purpose of the Committee was to establish the not-for-profit corporation to administer the program and to work with City staff to outline procedures necessary to implement the City Public Arts Ordinance. On July 13, 2004 the Public Arts Implementation Committee presented their recommendations to the City Commission at a special workshop. These recommendations were incorporated into Ordinance 77-04, adopted by the City Commission on February 1, 2005, to create the Public Arts Program. The purpose of the City-initiated amendment, now before the Board, is to provide clarification that monies generated by the Public Arts Program may be used to fund art placed on private as well as public property. Provisions have been added to require that art placed on private property, which is funded by the program, be clearly visible by the public, and that an agreement be executed between the City and the property owner. Since opportunities to place public art at a highly visible locations on private property, (e.g., a mural on the wall of a building facing a public roadway), might arise in the future, this clarification is necessary for the Public Art Advisory Board to consider these opportunities in making its recommendation to the City. IV.J. Planning and Zoning Board Memorandum Staff Report, February 26, 2007 Amendment to LDRs Pertaining to the Public Arts Program Page 2 REQUIRED FINDINGS LOR Section 2.4.5CMH5) CFindinas): Pursuant to LOR Section 2.4.5(M)(5) (Findings), in addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Policy was noted: Future Land Use Element Policv C-3. 1: The City of Delray Beach hereby acknowledges the role of Culture and the Arts in Economic Development and pledges in pursuit of a theme of this Comprehensive Plan -- A Renaissance Community -- the promotion of the arts and accommodation of cultural activities for economic development ends. By providing clarification that funds generated by the Public Arts Program may be used to fund art on private as well as public property, this amendment will provide additional opportunities for the placement of art in the City. Since this clearly represents a promotion of the arts, a positive finding can be made that the amendment is consistent with and further the Goals, Objectives, and Policies of the Comprehensive in accordance with LDR Section 2.4.5(M)(5). Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: · Progressive Residents of Delray (PROD) · President's Council · Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. The purpose of this City-initiated LDR text amendment is to clarify the fact that funds generated for the Public Arts Program may be used to place public art on private as well as public property, subject to the provision that the art be clearly visible to the public and that an agreement be executed between the City and the property owner. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). Move a recommendation of approval to the City Commission for the City-initiated amendments to the Land Development Regulations (LDRs), Section 8.5.1, "Establishment of Public Arts Program, Subsection 8.5.1 (C), "Ownership and Maintenance;" and Section 8.5.2, "Public Art Advisory Board," to provide clarification as to the use of funds for the Public Arts Program, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: Proposed Ordinance ec~ LttnddtL- {~} Boca Raton/Delray Beach News - FridaY-Saturday, March 9-10, 2007 · www.bocanews.com12 100 ANNOUNCEMENTS 101 Legal Notices ORDINANCE NO. 11-07 ORDINANCE OF THE CITY COM. ISSION OF THE CITY OF DELRAY EACH, FLORIDA. AMENDING THE AND OEVELOPMENT flEGULA. IONS OF THE CODE OF ORDI- ANCES, BY AMENDING SECTION .7.2, 'APPLlCABllITY" TO PRO. IDE THAT A MONETARY CONTRI- UflON MAY BE MADE RATHER HAN PROVIDING WORKFORCE OUSING; PROVIDING A SAVING LAUSE, A GENERAL REPEALER LAUSE, AND AN EFFECTIVE ATE. ORDINANCE NO. 12-07 ORDINANCE OF THE CITY COM- ISSION OF THE CITY OF DELRAY EACH. FLORIDA, AMENDING THE AND DEVELOPMENT REGULA- IONS OF THE CODE OF ORDI. ANCES, BY CREATING SECTION .4.11, 'DEVELOPER'S AGREE- ENTS', TO PROVIDE FOR THE SE OF DEVELOPER'S AGREE. ENTS; PROVIDING A SAVING LAUSE. A GENERAL REPEALER LAUSE, AND AN EFFECTIVE ATE. ORDINANCE NO, 13-07 ORDINANCE OF THE CITY COM- ISSION OF THE CITY OF DELRAY EACH, FLORIDA, AMENDING THE AND DEVELOPMENT REGULA- IONS OF THE CODE OF ORDI. ANCES, BY AMENDING SECTION .5.1. "ESTABLISHMENT OF PUBLIC RTS PROGRAM-. SUBSECTION .5.1(C), 'OWNERSHIP AND MAIN- ENANCE"; SECTION 8.5.2. 'PUBLlC RT ADVISORY BOARD" TO PRO- IDE CLARIFICATION AS TO THE SE OF FUNDS FOR THE PUBLIC RT PROGRAM; PROVIDING A SAY- NG CLAUSE, A GENERAL REPEAL- R CLAUSE, AND AN EFFECTIVE ATE. lease be advised that i1 a person de- ides to appeal any decision made by he City Commission with respect 10 ny matter considered at Ihese hear- ngs, such person may need to ensure hat 3. verbatim record includes lhe esHmon)' and evidence upon which he appeal is to be based. The City oes not provide nor prepare such ecord. Pursuant 10 FS. 286.0105. CITY OF DELRAY BEACH Chevelle D. Nubin. CMC CnyClerk UBlISH: Friday, Mard19, 2007 RatOfllDelray Beach News CITY OF DELRAY BEACH,FLORIOA NOTICE OF PUBUC HEARING PUBLIC HEARING will be held on he following proposed oolinances al :00 p.m. on TUESDAY, MARCH 20, 7 or at any continuation of such eeting which is set by the mission), In the City Commission hambers, 100 NW 1st Avenue, Del. ay Beach, Florida. at which time the lty Commission will consider their doption. The proposed ordinances ay be inspected at the Office of the . C1er1< at City Hall. 100 NW. 1st venue. Oelray Beach, Florida, be- een the hours 01 8:00 a.m. and 5:00 .m.. Monday through Friday, except idays. All interested parties are in- . ed 10 attend and be heard wilh re- p€C1 lethe proposed oolinances. ORDINANCE NO. 9-07 N ORDINANCE OF THE CITY COM. ISSION OF THE CITY OF DELRAY EACH, FLORIDA, REZONING AND LACING LAND PRESENTLY ON ED GC (GENERAL OMMERCIAL) DISTRICT TO AC AUTOMOTIVE COMMERCIAL) DIS. RICT; SAID LAND BEING A PAR. EL LOCATED ON THE EAST SIDE F DIXIE HIGHWAY. APPROXI. ATEL Y 1.250 FEET SOUTH OF ULF STREAM BOULEVARD, AS ORE PARTICULARLY DESCRIBED EREIN; AMENDING "ZONING MAP F DELRAY BEACH, flORIDA. ARCH 2006"; PROVIDING A GEN- . RAL REPEALER CLAUSE, A SAV- I NG CLAUSE. AND AN EFFECTIVE A~. . ORDINANCE NO. 1()'()7 ORDINANCE OF THE CITY COM- ISSION OF THE CITY OF DELRAY EACH, FLORIDA, AMENDING THE AND DEVELOPMENT REGULA- IONS OF THE CODE OF ORDI. ANCES, BY AMENDING SECTION 4 19 "MIXED INDUSTRIAL AND . MMERCIAL (MIC) DISTRICT"; EN. CTING SECTION 4.5.15, '-95/CSX AILROAD CORRIDOR OVERLAY ISTRICT"; .AMENOING SECTIONS .7, "FINDINGS', SECTION 4.7.1, DEFINITIONS', SECTION 4.7.2, APPLICABILITY', SECTION 4.7.5, DENSITY BONUS PROGRAM FOR HE SOUTHWEST 10TH STREET VERLAY DISTRICT", TO PROVIDE OR THE CREATION OF A NEW ORKFORCE HOUSING OVERLAY IISTRICT; PROVIDING A SAVING LAUSE, A GENERAL REPEALER . LAUSE, AND AN EFFECTIVE ATE.