21-95 ORDINANCE NO. 21-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CORRECTING THE LEGAL
DESCRIPTION FOR THE LAVER'S NORTH SPECIAL ACTIVITIES
DISTRICT (SAD), AS ESTABLISHED BY ORDINANCE NO.
65-80; MODIFYING THE CONDITIONAL USE AND SITE PLAN
APPROVAL FOR THE SUBJECT PROPERTY; PROVIDING FOR
REVIEW OF THE SPECIFIC SITE PLAN AND FUTURE SITE PLAN
MODIFICATIONS BY THE SITE PLAN REVIEW AND APPEARANCE
BOARD; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of April 17,
1995, and has forwarded the change with a recommendation of approval
by unanimous vote; 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
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the following described property in the
City of Delray Beach, Florida, is hereby placed in the SAD (Special
Activities District) as defined in Section 4.4.25 of the Land
Development Regulations of the City of Delray Beach, to-wit:
All of the Plat of Laver's North, Plat Book 43, Pages
92 thru 94, as recorded in the Public Records of Palm
Beach County, Florida.
Section 2. That the conditional use and site plan approval
for the subject property, established pursuant to Ordinance No. 65-80,
be, and the same is hereby modified as follows:
(1) Modifications to the eastern 21.34 acre parcel
include:
(a) Replacing 232 approved units (four proposed
5-story buildings) with 228 units (ten 2
and 3-story buildings) with recreation
clubhouse and tot lot;
(b) Elimination of 10 existing tennis courts;
(c) Elimination of a portion of existing
parking lot (58 existing spaces and 37
future parking spaces for the tennis resort
function)
(2) Modifications to the western balance of Layer's
North's 40.57 acres include:
(a) Addition of two tennis courts;
(b) Elimination of proposed meeting rooms,
restaurant and lounge which were part of
the proposed tennis resort facilities;
(c) Modifications to the existing parking lot
i.e. installing paving to provide for
internal circulation needed as a result
the elimination of the existing parking.
(3) That the development of this property shall
generally be in accordance with Layer's North
SAD Revised Master Plan dated April 28, 1995,
subject to review and approval of a specific
site plan by the Site Plan Review and Appearance
Board.
(4) That any future modifications which are not
substantial and which do not deal with intensity
or type of uses shall be reviewed by the Site
Plan Review and Appearance Board and processed
as site plan modifications.
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 on second and final reading.
~ - 2 - Ord. No. 21-95
PASSED AND ADOPTED in regular session on second and final
reading on this the 16th day of May , 1995.
ATTEST:
- Cit~-Cl~rk
First Reading May 2, 1995
Second Reading May i6, 1995
- 3 - Ord. No. 21-95
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: ~GENDA ITEM ~ /O.C' - MEETING OF MAY 16. 1995
SEQOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 21-95
MODIFYING THE LAVER'S NORTH SPECIAL ACTIVITIES DISTRICT
(SAD)
DATE: MAY 9, 1995
This is second reading and public hearing for Ordinance No. 21-95
which modifies the Laver's North SAD to replace 232 units in four
5-story structures with 228 units in ten 2 and 3-story structures
and eliminate tennis courts and conference facilities. It also
provides that the specific site plan will be subject to review and
approval by the Site Plan Review and Appearance Board, and that
future modifications which are not substantial and do not deal with
intensity or type of uses can be reviewed by SPRAB and processed as
site plan modifications.
The Planning and Zoning Board formally reviewed this matter at
public hearing on April 17, 1995, and voted unanimously to
recommend that it be approved. At first reading on May 2, 1995,
the Commission passed the ordinance by a vote of 4 to 1 (Mayor
Lynch dissenting).
Recommend approval of Ordinance No. 21-95 on second and final
reading, based upon positive findings with respect to Chapter 3
(Performance Standards) of the Land Development Regulations,
Section 2.4.5(D)(5), and policies of the Comprehensive Plan.
ref:agmemoll
CITY COMMISSION DOCUMENTATION
TO: IA~VID T. HARDEN, CITY MANAGER
THRU: DIA~ DOMINGUEZ, DI
~E~~NING, AND~ING
FROM: PAUL DORLING, P~CIPAL ~ZANNER
SUBJECT: MEETING OF MAY 2, 1995
APPROVAL OF AN ORDINANCE MODIFYING THE SPECIAL
ACTIVITIES DISTRICT (SAD) FOR THE LAVERS NORTH
DEVELOPMENT.
ACTION REQUESTED OF THE CO~ISSION:
The action requested of the City Co~ission is that of
approval on first reading of an ordinance modifying the
Special Activities District (SAD) for the Lavers North
development.
The property is located south of Linton Boulevard and west
of S.W. 4th Avenue. The majority of the property proposed
for modification is vacant (future phases of Lavers North)
with the exception of the southwest portion of the site
which contains 10 tennis courts and associated parking.
BACKGROUND:
The entire Lavers North SAD consists of 61.91 acres of which
approximately 40.57 acres has been developed with 318 units (six
5 story buildings) 19 tennis courts, and 3 tennis resort
buildings. The eastern 21.34 acres contains an additional 10
tennis courts and associated parking. The proposed modifications
to the eastern 21.34 acre parcel include:
* Replacing 232 approved units (four proposed 5-story
buildings) with 228 units (ten 2 and 3-story buildings)
with recreation clubhouse and tot lot;
* Elimination of 10 existing tennis courts; and,
* Elimination of a portion of an existing parking lot (58
existing spaces and 37 future parking spaces for the tennis
resort function).
Modifications to the western balance of Lavers North's 40.57
acres includes:
* Addition of two tennis courts;
* Elimination of proposed meeting rooms, restaurant, and
lounge which were part of the proposed tennis resort
facilities; and,
* Modifications to the existing parking lot i.e. installing
paving to provide for internal circulation needed as a
result of the elimination of the existing parking.
The modified SAD ordinance will also contain language which will
allow modifications (other than those involving intensity or
uses) of the specific site plan, landscape plan, and elevations
by the Site Plan Review and Appearance Board (SPRAB).
Currently, even minor changes to SAD's require action by the
Planning and Zoning Board and approval by the City Commission.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board reviewed the request at a public
hearing on May 17, 1995. No one from the public spoke and the
Planning and Zoning Board unanimously recommended (5-0)
approval.
RECOMMENDED ACTION:
By motion, approve on first reading the ordinance modifying the
Special Activities District (SAD) for the Lavers North
Development based upon positive findings with respect to Chapter
3 (Performance standards) of the Land Development Regulations,
Section 2.4.5(D)(5), and policies of the Comprehensive Plan.
Attachment:
* Planning and Zoning Board report
of April 17, 1995
t:lavers
.PL:A.NNING & Zt NING BOARD Ir'
CITY OF DELRAY BEACH --- STAFF REPORT
MEETING DATE: April 17, 1995
AGENDA ITEM: V.G.
ITEM: Rezoning Request Associated with Amending "Lavers North"
an Approved SAD (Special Activities District) Development.
GENERAL DATA:
Owner ....................................................... Gloria Glass LP.
Applicant ................................................... TCR/SFA Apartments, Inc.
Agent ........................................................ Renzo Rais
Location .................................................. East side of SW loth Avenue and Lindell Boulevard, south of Linton Boulevard.
Propeffy Size ............................................ 2t .35 acres
Future Land Use Plan ............................... Medium Density Residential (5-12 units/acre)
Current Zoning ......................................... SAD (Special Activities District)
Proposed Zoning ....................................... SAD (Special Activities District)
Adjacent Zoning .............................. North: PC (Planned Commercial)
East: CF (Community Facilities), PC, SAD, and OSR (Open Space and Recreation)
South: RM (Multiple Family Residential - Medium Density)
West: SAD
Existing Land Use ..................................... Vacant
Proposed Land-Use .................................. Modification of the Layer's North SAD to replace 232 units in four, five story
structures with 228 units in ten, two and three story structures and eliminate tennis
courts and conference facilities.
Water Service ................ Existing on site
Sewer Service .......... Existing on site
ITEM BEFORE THE BOARD:
The action before the Board is that of making a
recommendation on a modification to a Special Activities
District (SAD) (21.34 acre portion of the Lavers North
development).
The property is located south of Linton Boulevard and west
of S.W. 4th Avenue. The majority of the property is vacant
(future phases of Lavers North) with the exception of the
southwest portion of the site which contains 10 tennis
courts and associated parking.
Pursuant to Section 4.4.25 (C)(1) all SADs are established
bY 'an ordinance processed as a rezoning. Therefore,
modifications of SADs requires modification of the
applicable rezoning ordinance. Further, pursuant to
Section 2.2.2 (E), the Local Planning Agency (P&Z Board)
shall review and make a recommendation to the City
Commission with respect to the rezoning of any property
within the City.
BACKGROUND:
The property is part of a larger tract (61.91 acres) known as
Lavers North. On November 25, 1980 the City Commission
approved a rezoning (RM-10 to SAD), Conditional Use request and
site plan for Lavers North. The Conditional Use and Site Plan
approval was for a tennis resort consisting of 610 dwelling
units in eleven 5- story buildings, 26 tennis courts,
'recreational amenities and resort facilities including meeting
rooms restaurant and lounge. A final plat was approved by City
Commission on May 12, 1981. On August 25, 1981 a modification
to the Conditional use was approved by City Commission to allow
240 of the 610 dwelling units to be resort dwelling units (time
share units). Two site plan modifications were processed in
1981 and 1984 which involved additional access points and
relocation of support buildings (maintenance and laundry
buildings) and other minor adjustments.
Since 1981 a total of 318 units (six 5-story buildings), 19
tennis courts, and a portion of the resort facilities (3
buildings) have been constructed. Currently the Lavers North
property, with the exception of these six 5-story buildings and
their related parking areas is owned by a German resort group.
The resort group is proposing to sell 21.34 acres of their
holdings to the Trammell Crow Development Company. The
modification request seeks to replace four of the remaining
proposed 5-story buildings (total of 232 units) with ten 2 and
3-story buildings (228 units). One of the proposed 5-story
buildings (60 units) will be retained on the balance of Lavers
North.
P&Z Staff Repo~_
SAD Rezoning - Lavers North
Page 2
If the SAD modification is approved a full site plan will
require review and approval by the Site Plan Review and
Appearance Board.
PROJECT DESCRIPTION:
Modifications to the eastern 21.34 acre parcel include:
* Replacing 232 approved units ( four proposed 5-story
buildings) with 228 units (ten 2 and 3-story buildings)
with recreation clubhouse and tot lot;
* Elimination of 10 existing tennis courts; and,
* Elimination of a portion of existing parking lot (58
existing spaces and 37 future parking spaces for the tennis
resort function).
Modifications to the western balance of Lavers North's 40.57
acres includes:
* Addition of two tennis courts;
* Elimination of proposed meeting rooms, restaurant, and
lounge which were part of the proposed tennis resort
facilities; and,
* Modifications to the existing parking lot i.e. installing
paving to provide for internal circulation needed as a
result of the elimination of the existing parking.
ZONING ANALYSIS:
The subject parcel is currently zoned SAD (Special Activities
District) and the requested change seeks to modify the
associated site plan. The surrounding zoning is PC (Planned
Commercial) to the north, RM (Medium Density Residential) zoning
to the south, CF (Community Facilities) and OSR (Open Space and
Recreation) to the east and SAD to the west. The surrounding
uses include the Linton International Plaza and Costco to the
north, Delray Racquet Club to the south, Miller field to the
east and the balance of Lavers North residential development to
the west.
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 following four areas.
P&Z Staff Report
SAD Rezoning - Lavers North
Page 3
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 requested zoning change is a modification of the SAD
zoning and associated site plan. Upon approval the parcel
will retain the SAD zoning designation yet it will be
associated with the requested modified master plan. The
property has an underlying land use designation of MD
(Medium Density).
Pursuant to Section 4.4.25(A) the SAD zoning is deemed
consistent with any land use designation on the Future Land
Use Map. However, the uses allowed within a specific SAD
shall be consistent with the land use category shown on the
Future Land Use Map. The multi-family use proposed in this
SAD is consistent with the underlying Medium Density land
use 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.
The purpose of the SAD modification is to provide a more
contemporary, marketable multi-family project. The approved
four 5-story buildings are to be replaced with ten 2 and 3-story
buildings. The SAD modification will involve a reduced number
(228 units versus 232 units) of vested multi-family units and
therefore will not have a negative impact with respect to water,
sewer, solid waste, or drainage.
Pursuant to Section 2.4.5(D) with all rezoning requests, traffic
information is required addressing the development of the
property under reasonable intensity pursuant to the existing
and proposed zoning. As the SAD modification will replace
proposed units with ones of similar intensity no additional
impact with respect to traffic is noted. The traffic impact
will be reduced slightly as a result of the reduction of 4 units
resulting in a reduction of 28 trips (1,596 total trips). This
project is considered vested with respect to trips associated
with the 610 multi-family units previously approved.
Consistency: Compliance with the performance standards set
forth in Section 3.3.2 (Standards for Rezonlng Actions) along
with the 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 making of a
finding of overall consistency.
P&Z Staff Reporu
SAD Rezoning - Lavers North
Page 4
Comprehensive Plan policies:
A review of the objectives and policies of the adopted
Comprehensive Plan was conducted and the following applicable
objective is noted:
Land Use Element, Objective A-l: Vacant property shall be
developed in a manner so that the future use and intensity is
appropriate and complies in terms of soil, topographic, and
other applicable physical considerations, is complimentary to
adjacent land uses, and fulfills remaining land use needs.
The site consists of vacant property (with the exception of
the southwest corner) which has been cleared and contains
no physical features requiring special consideration. The
SAD modification will provide a multi-family development
that is less intense than the approved multi-family use.
The site layout will be a more marketable product for this
land use type. Compatibility of the use is discussed
further under the section of this report that deals with
Standards for Rezoning Action.
Section 3.3.2 (Standards for Rezoning Actions): The applicable
performance standards of Section 3.3.2 and other policies which
apply are as follows:
A) That a rezoning to other than CF within stable residential
areas shall be denied. (Housing Element A-2.4)
The subject parcel is located within a neighborhood
classified as "stable" within the housing element of
the Comprehensive Plan. However, the zoning
designation is remaining the same and represents
changes to the related site plan only. Thus, the
above standard is met.
B) That the rezoning shall result in allowing land uses which
are deemed compatible with adjacent and nearby land use
both existing and proposed; or that if an incompatibility
may occur, that sufficient regulations exist to properly
mitigate adverse impacts from the new use.
The proposed three story multi-family units are more
compatible with adjacent surrounding residential
units than the previously approved 5-story buildings.
The proposed scale is more in keeping with the
adjacent development. With the development proposal
landscape upgrades, on-going maintenance of a portion
of the lake and the roadway previously neglected are
proposed. Thus, the proposed site plan improvements
associated with the SAD modification should enhance
the sites compatibility.
P&Z Staff Repor~
SAD Rezoning - Lavers North
Page 5
LDR COMPLIANCE:
Section 2.4.5(D)(5) (Rezoninq Findings):
Pursuant to Section 2.4.5(D)(1) (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:
a. That the zoning had previously been changed, or was
originally established, in error;
b. That there has been a change in circumstances which
make the current zoning inappropriate; and,
c. 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 applicant submitted a justification statement which states
that reasons (c) apply because of the following:
"An SAD zoning is granted via an approved Master Site Plan,
any modification requested requires an applicant to go
through a rezoning type of process." ... "With the
requested zoning on this application, SAD (residential
multi-family use) the current density is reduced slightly,
therefore the requested zoning is of lesser intensity than
currently allowed".
It is further more appropriate because "The original Lavers
North SAD development will never be complied under the old
site plan. The eastern portion of the property remains
vacant, hazardous, and an eye sore to the surrounding
communities."
"The proposed site plan provides for 10 two and three story
1990's style garden apartment buildings each containing
20-24 units, for a total of 228 units. These will replace
the four 5-story 1970's style buildings (232 total units)
currently approved."
The modification will further achieve the following site
upgrade and improvements:
* Clean-up and rebank of the lake area;
* Clean-up, re-landscape and maintain berms and
perimeter green space; and,
* Eliminate hazards such as; Broken basketball courts,
high voltage lighting,meter boxes.
')
P&Z Staff Repo~
SAD Rezoning - Lavers North
Page 6
0 T H E R:
In reviewing the proposed master plan several deficiencies were
noted. These deficiencies should be added to the master plan
accompanying this request:
* The existing bridge across the lake needs to be shown.
* Pedestrian connections need to be provided between
buildings, recreation amenities and parking areas.
* Additional parking must be provided on the master plan to
meet the 536 spaces required pursuant to Section
4.6.9(C)(2)(0).
* The proposed distribution of parking spaces needs to be
reviewed for buildings 3 & 4 and 6 & 7, additional spaces
should be provided in their vicinity.
* No more than 10 parking spaces are allowed in a row without
a landscape island. Several areas on the master plan
exceed this maximum.
* The parking lot modifications proposed to the balance of
Lavers (west of tennis center) should provide for cross
through circulation verses dead ends. Dead ends would
require stripping out of the end spaces to provide for the
ability to turn around verses backing out through the
parking lot when full.
* Provide roadway trees along Lavers Circle, west of Lavers
Drive similar to the treatment provided east of Lavers
Drive.
SAD Site Plan Rsview and Approval Process:
Concurrent with processing of the SAD rezoning application, a
complete site and development plan must be processed. This
process was implemented when both rezoning and site plan reviews
were conducted by the Planning and Zoning Board.
Since 1990 the Planning and Zoning Board has not reviewed site
plans, landscape plans, or elevations except in the case of
master plans. A master plan has been submitted and is part of
this SAD modification. This master plan shows the intensity,
and general location of buildings, circulation, parking, and
landscaping. Under the current SAD approval process a specific
site plan, landscape plan, and elevations require review by the
Planning and Zoning Board. Further, any future modifications
i.e. addition of parking spaces etc. must be processed as a
rezoning of the SAD requiring review by the Planning and Zoning
Board and approval by City Commission.
P&Z Staff Repor'~
SAD Rezoning - Lavers North
Page 7
Substantial changes to an SAD including increases in intensity,
change of uses etc. should continue to be reviewed by both the
Planning and Zoning Board and the City Commission. However,
minor changes to SAD site plans should not. It is recommended
that the Board remand the specific site plan, landscape plan,
and elevations for this project to the Site Plan Review and
Appearance Board (SPRAB) for approval. In addition, language
should be added to the SAD ordinance specifying that future
modifications which are not substantial and do not deal with
intensity or type of uses can be reviewed by SPRAB and processed
as site plan modifications.
REVIEW BY OTHERS:
Site Plan Review and Appearance Board:
If approval is granted for the SAD modification and the
recommended processing modification language, the associated
site plan action will rest with the Site Plan Review and
Appearance Board. The site plan must be consistent with and
accommodate all components of the approved master plan.
Neighborhood Notice:
Property owners within 500 feet of the subject properties have
received notice of the Public Hearing. In addition, the
'following organizations have received courtesy notices of the
rezoning petition:
P.R.O.D.
United Property Association
Tropic Palms
Southridge Subdivision
Town and Country
ASSESSMENT AND CONCLUSIONS:
This SAD modification request represents a reduction in
intensity of 4 dwelling units. While the site layout will
include 6 more buildings they will be 2 and 3 story buildings
which are more contemporary and marketable than the four 5-story
buildings approved in 1980. The modification request will
retain one proposed 5-story building (60 units) along the
western portion of the existing SAD (Building C). This SAD
modification and will provide a mechanism to upgrade a currently
unsightly portion of the existing SAD site.
P&Z Staff Repor~
SAD Rezoning - Lavers North
Page 8
A L T E R N A T I V E S:
A. Continue with direction.
B. Recommend approval of the SAD modification request based
upon positive findings with respect to Chapter 3
( Performance standards ) of the Land Development
Regulations, Section 2.4.5(D) (5), and policies of the
Comprehensive Plan.
C. Recommend denial of the SAD modification request based upon
a failure to make a positive finding with respect to
Section 2.4.5(D)(5) in that the rezoning fails to fulfill
at least one of the reasons listed, and policies of the
Comprehensive Plan.
STAFF RECOMMENDATION:
Recommend approval of the modification to the approved site and
development plan for the Lavers North SAD, and associated
modifications to the SAD ordinance to incorporate the following:
A. Modifications to the eastern 21.34 acre parcel including;
* Replacing 232 approved units (four proposed 5-story
buildings) with 228 units (ten 2 and 3-story
buildings) with recreation clubhouse and tot lot;
* Elimination of 10 existing tennis courts; and,
* Elimination of a portion of existing parking lot (58
existing spaces and 37 future parking spaces for the
tennis resort function).
B. Modifications to the western balance of Lavers North's
40.57 acres including;
* Addition of two tennis courts;
* Elimination of proposed meeting rooms, restaurant, and
lounge which were part of the proposed tennis resort
facilities; and,
* Modifications to the existing parking lot i.e.
installing paving to provide for internal circulation
needed as a result of the elimination of the existing
parking.
C. Review of the specific site plan, and future site plan
modifications by SPRAB;
and subject to the submittal of a revised master plan addressing
comments under "Other" section of this report.
E£N JAMI~ ,
LIN ON BOULEVARD
LINTON
IN-FL P.LA_7A COcJ-lCO
ROSS
TARGET
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #/~'~' - MEETING QF MAy 2. 1995
FIRST READING FOR ORDINANCE NO. 21-99/MODIFYING THE
bAYER'S NQRTH SPECIAL ACTIVITIES DISTRICT (SAD)
DATE: APRIL 28, 1995
This is first reading for Ordinance No. 21-95 which modifies the
Laver's North SAD to replace 232 units in four 5-story structures
with 228 units in ten 2 and 3-story structures and eliminate tennis
courts and conference facilities. It also provides that the
specific site plan will be subject to review and approval by the
Site Plan Review and Appearance Board, and that future
modifications which are not substantial and do not deal with
intensity or type of uses can be reviewed by SPRAB and processed as
site plan modifications.
The Planning and Zoning Board formally reviewed this matter at
public hearing on April 17, 1995, and voted unanimously to
recommend that it be approved.
Recommend approval of Ordinance No. 21-95 on first reading, based
upon positive findings with respect to Chapter 3 (Performance
Standards) of the Land Development Regulations, Section
2.4.5(D)(5), and policies of the Comprehensive Plan. If passed, a
public hearing will be held on May 16, 1995.
ref:agmemoll