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Res. No. 171-24 (Recorded)CFN 20240365268 OR BK 35345 PG 775 RECORDED 10/25/2024 8:29 AM Palm Beach County, Florida Joseph Abruzzo, Clerk Pgs: 775 - 780; (6pgs) RESOLUTION NO. 171 24 A RESOLUTION OF THE CITY COMMISSION OF THE: CITY OF DEL.RAY BEACH_ FLORIDA- APPROVING A CONDITIONAL t SI TO ALLOW PET GROOMI\G SERVICES AT 507 EAST ATLANTIC AV FNtIE, AS MORE PARTICULARLY DESCRIBED HEREIN, PURSt ANT TO THE LAND DEVELOPMENT REGULATIONS OF TH E CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Jo Jo Realty_ LLC, ("Owner") is the owner of a parcel of land measuring approximately 0.3055 acres located at 507 East .Atlantic. avenue (--Property"). as more particularly described in Exhibit "A.": and WHEREAS. the Property is zoned Central Business District ("CE31)"). Central Core Sub -district: and WHEREAS. Owner desiifmated Mike Cox -ell] ofCovelli Design associates_ Inc. ("Applicant"), to act as its agent; and WHEREAS, Applicant Submitted a conditional use application (File No. 2024-184-USE) to allow Pet orooming services at a 990-square foot conuriercial space at the Property. as shown in Exhibit "B : and WHEREAS. pursuant to "fable 4 4.1 3(A)_ Alloxvable Uses and Structures in the CBD Sub - Districts. of the Land Developn7ent Res ulations of the City of Delray Beach (`"LDR"), pet ser-_ices are permitted as a conditional use. subject to LDR Sect -Ion 4. 3(W ), within the CBD Central Core Sub- district: and WHEREAS. LDR Section 2.4.6(A)( ) requires theapproving body to ntake fndnn`c's establ slung the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it ,, °ill be located: nor N lafindcr development or redevelopmenl of nearby properties: and WHEREAS, LDR Section 4.3. (W) establishes conditional use criteria for domestic animal services, requiring the conditional use to adhere to the folloxving: (a) Hours of operation are limited to 7:00 a.m. to 8:00 p.m., except for veterinary clinics pro °idin�if emer-encv° services: and CFN 20240365268 OR BK 35345 PG 776 Pg: 2 of 6 (h) Domestic animal service facilities shall be fully enclosed with solid core doors and v alls sufficiently insulated to minimize noise and odor detection f-turn outside the facility. If frequent.. habitual, or long continued animal sounds are plainly audible from adjacent Properties_ the building is not considered sufficiently insulated; and (t) OUIs.Ide activities and services are limited to drop-off and neccssar"! outdoor walks of animals in direct control of a person by means of leash or cord. Pursuant to Section 4.6.6. and° other outside use requires approval through the conditional use process specifically deterutinin4g the outside aspects ofthc use are: appropriate; and (d) Pet services that are limited as an accessory° use by the zoning district must be accessory:° to an approved domestic animal service; and (e) On -site disposal of carcasses is prohibited; and M Airkim, Rc'gvirc3ments- The rnir7irnurn number of Parking spaces required shall be determined by the gross floor area. Facilities offerim,, a mix of domestic animal services shall proN ide parking spaces based on the cr_rrnulative use designation Of each area. (1 ) Pet services and voter inary clinics shall provide 4_5 spaces per 1 ,000 square feet. (?) Pet hotels and animal shelters shall provide one space, Pei 100 square feet. {, } Comi-non areas within .i facility offering a mix of domestic animal serN ices shall calculate. parking spaces Lased Oil the use, rctluirin41 the least amount of parkin-1y spaces. WHEREAS, on September 17, 2024. the Planning. and Zoninv,, Board noted 6 to 0 to recommend approval of the conditional use to the City Commission: and WHFRI ='!S. on October I�;_'-Q24. the City Commission considered the: conditional use request, and the respective criteria and findings as set forth in the I. -and Development Regulations. NOW, THEREFORE, 13E IT RESOLVED BY THE CI-TY COMMISSION OF THE CI'T)' OF DELRAY BEACIf_ FLORIDA_ XS FOLLOWS: Section l , The foreyuoin; recitals are hereby affirmed and ratified. Section 2. The Cite Commission snakes positive findings that the requested conditional use +iI] not have a sigriificantIy detriinental effect upon the stability of the neighborhood within v&ich it vvlll be located and �N III not hinder development or redevelopment of nearby properties. Section ',. The Cite Commission approves the conditional use request to allow pet grooming services at the Property. RES NO171-2 t CFN 20240365268 OR BK 35345 PG 777 Pg: 3 of 6 Section 4. The City Clerk, or deli -nee_ is directed to send a certified copy of this Resolution to Mike Covell] of Coy elli Desii n .'associates. Inc., at 70-S0 West Palmetto Park Road, Suite 1 5?74, Boca Raton. Florida 3,31411. Section . all resoluti011S or parts of resolutions in conflict herewith shall be and hereby are repealed. Section 6. This Resolution shall he effective immediately upon adoption. PASSED AND ADOPTED in re-ular session on the _�� day of � �t 1024. ATTEST: r _W�L Alexis Givings_ zterim City CAIrk and le -at sufficiency: �71 - <� 3C Lvlll�tv Attorney SEAL -uft•.jum Thomas F. Carne , Jr.,Mayor RES NO.171-24 CFN 20240365268 OR BK 35345 PG 778 Pg: 4 of 6 EXIIIBIT "A" LEGAL DESCRIPTION Let 19. less the West 10 feet: Let �f): and the West 10 feet of' Lot 1 1. Black 108_ City of Delray Beach (formerly Linton), as peI- plat on file in the office of the Clerk of the Clrcult COUrt In and for Palm Beach County, Florida. recorded in Plat Book 1. Pa- , LESS any portion of said property comprising (lie ribht- of-way of Atlantic Avenue and the Southbound rl`-lit-cif-way of U.S. 11i+ub av AI . 4 RES tin. 171-24 CFN 20240365268 OR BK 35345 PG 779 Pg: 5 of 6 EXHIBIT "B" LOCATION IN SUBJECT PROPERTY -507 EAST ATLANTIC AV1=N 'E RES NO. 171- 4 CFN 20240365268 OR BK 35345 PG 780 Pg: Agl6ay Beach Florida CITY OF DELRAY BEACH OFFICE OF THE CITY CLERK 100 N.W. 15T AVENUE * DELRAY BEACH * FLORIDA 33444 * (561) 243-7050 CERTIFICATIO I, Alexis Givings, Interim City Clerk of the City of Delray Reach, do hereby certify that the attached document is a true and correct copy of Resolution No. 171-24, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 15th day of October 2024, IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 16t" day of October 2024. t Alexis G1vings Interim City Clerk City of Delray Beach, Florida