Ord 09-04ORDINANCE NO. 9-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 4.4.17,
"RESIDENTIAL OFFICE (RO) DISTRICT", SUBSECTION
4.4.17(B), "PRINCIPAL USES AND STRUCTURES
PERMITTED", BY AMENDING SUBSECTION (B)(2) TO
DELETe; THE WORDS "AND DWELLING UNITS";
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
'ffHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on January 26, 2004, and voted 6 too 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COlvIMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.4.17, "Resident/al Office (RO) District", Subsection 4.4.17(13),
"Principal Uses and Structures Permitted", 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:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the RO District as a permitted use:
(1) Single family detached dwelling units.
(2) Duplex structures
0) Bus'mess and professional offices.
(4) Abused spouse residence limited to forty (40) or fewer residents.
(5) Funeral parlors, funeral homes.
(6) Parking lots not associated with a use, pursuant to an adopted neighborhood or
redevelopment plan.
(7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(0.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
ATTEST
City Clerk
First Reading~~~
Second Rea~
PASSED~.AI~D ADOPTED in regaflar session on second and final reading on this the
2 ORD. NO. 9-04
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER/~
AGENDA ITEM $$ ~)~-- - REGULAR MEETING OF FEBRUARY 17. 2004
ORDINANCE NO. 9-04 (AMENDING LAND DEVELOPMENT
REGULATIONS SECTION 4.4.17. (RESIDENTIAL OFFIGE DISTRICT.
SUBSECTION 4.4.17(B)(2) REGARDING DUPLEX STRUCTURES)
FEBRUARY 13, 2004
This is second reading and second public he~rlng for Ordinance No. 9-04 amending the land
Development Regulations Section 4.4.17, RO (Residential Office District), Subsection 4.4.17(B)(2)
regarding duplex structures to provide clarification by deleting "and dwelling units" from the
description.
Ordinance No. 140-85, which created the RO (Residential Office) zoning district listed "duplex
structures, subject to Site and Development Plan Approval" as a permitted use. There were no
changes made to this language until October, 1990, when the current language referenced above was
adopted as part of the Land Development Regulations (LDR). In 1990, the description was modified
to eliminate the approval process, as the approval process for uses in the RO district are listed in
another subsection. Based upon staff's research and City records, it is clear that when the language
was changed the intent was to only list duplex structures. At that time, there was no discussion with
regard to adding multiple family dwelling units to the RO zoning district. If multiple family dwellings
(three or more dwelling units) were permitted in the RO district, they would have been listed as a
separate subsection consistent with the manner in which other types of residential uses are listed in
the LDR's. In order to provide clarification and alleviate any confusion, "and dwelling units" should
be deleted from Section 4.4.17(B)(2).
The Planning and Zoning Board held a public heating regarding this item. There was no public
testimony regarding the proposed amendment. The Board voted 6-0 to recommend approval of the
proposed amendment to LDR 4.4.17(B)(2) regarding duplexes, based upon positive findings with
respect to Land Development Regulations Section 2.4.5(M) (Amendment to Land Development
Regulations), and while the amendment does not specifically further the goals, objectives, and policies
of the Comprehensive Plan, it is not inconsistent with them.
At the first reading on February 3, 2004, the Commission passed Ordinance No. 9-04.
Recommend approval of Ordinance No. %04 on second and final reading.
TO:
THRU:
FROM:
SUBJECT:
DAVI 'TD~AR~ E N/,/~IT~/~/IAN AG E R ., ,,,,
PAUL DORUNG, DIRE/~OR OF PLANNING AND ZONING~~/~ '
~o
JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRECT?~/~
MEETING OF FEBRUARY 3, 2004
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION
4.4.17(B)(2) REGARDING DUPLEXES IN THE RO (RESIDENTIAL OFFICE) ZONING
DISTRICT
This amendment is to provide clarification to LDR Section 4.4.17(B)(2) of the RO (Residential Office)
zoning district, which states the following regarding duplexes:
(B) Principal Uses and Structures Permitted: The following types of use are allowed
within the RO District as a permitted use:
(2) Duplex structures and dwelling units.
Recently, thero has been some questions as to why "and dwelling units" is included in the description of
duplexes in the RO zoning district, and if it could be determined that it infers that multiple family
dwelling units (three or moro dwelling units) are also permitted. Duplexes are currently listed in the RL
(Low Density Residential), RM (Medium Density Residential), PRD (Planned Residential Development)
as "Duplex structures."; while in the OSSHAD (Old School Square Historic Arts District) they are listed
as "Residential uses of single family detached dwellings and duplexes.'
Ordinance No. 140-85, which created the RO (Residential Office) zoning district listed "Duplexes
structures, subject to Site and Development Plan Approval" as a permitted use. There were no
changes made to this language until October 1990, when the current language referenced above was
adopted as part of the Land Development Regulations. In 1990, the description was modified to
eliminate the approval process, as the approval process for uses in the RO district are listed in another
subsection. Based upon staff's research and City's records it is clear that when the language was
changed the intent was to only list duplex structures. At that time, there was no discussion with regard
to adding multiple family dwelling units to the RO zoning district. If multiple family dwellings (three or
more dwelling units) were permitted in the RO district, they would have been listed as a separate
subsection consistent with the manner in which other types of residential uses are listed in the LDRs.
In order to provide clarification and alleviate any confusion, "and dwelling units" should be deleted, and
Section 4.4.17(B)(2) modified as follows:
(2) Duplex structures.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. As noted previously, this amendment is being initiated more for clarification
purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically
further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them.
P&Z Board Staff Report
LDR Amendment - Duplexes in the RO zoning district
Page 2
The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 26,
2004. There was no public testimony regarding the proposed amendment. After discussing the
amendment, the Board voted 6-0 (Sowards absent) to recommend to the City Commission approval of
the proposed amendment to the Land Development Regulations Section 4.4.17(B)(2) regarding
duplexes, based upon positive findings with LDR Section 2.4.5(M).
By motion, approve on first reading the ordinance amending the Land Development Regulations
Section 4.4.17(B)(2) regarding duplexes in the RO (Residential Office) zoning district based upon
positive findings with LDR Section 2.4.5(M), and set a public hearing date of February 17, 2004.
Attachment: Proposed Ordinance
ORDINANCE NO. 9-04
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES,
BY AMENDING SECTION 4.4.17, "RESIDENTIAL
OFFICE (RO) DISTRICT", SUBSECTION 4.4.17(B),
"PRINCIPAL USES AND STRUCTURES
PERMITTED", BY AMENDING SUBSECTION (B)(2)
TO DELETE THE WORDS "AND DWELLING
UNITS"; 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 January
26, 2004, and voted 6 too 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS
FOLLOWS:
Section 1. That Section 4.4.17, "Residential Office (RO) District",
Subsection 4.4.17(B), "Principal Uses and Structures Permitted", 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:
(B) Principal Uses and Structures Permitted: The following types of
use are allowed within the RO District as a permitted use:
(1) Single family detached dwelling units.
(2) Duplex structures and~.
(3) Business and professional offices.
(4) Abused spouse residence limited to forty (40) or fewer residents.
(5) Funeral parlors, funeral homes.
(6) Parking lots not associated with a use, pursuant to an adopted
1
ORD. NO. 9-04
neighborhood or redevelopment plan.
(7) Group Home, Type 1, pursuant to restrictions set forth in Section
4.3.3(I).
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith
be, and the same are hereby repealed.
Section 4. 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 M A Y O R
City Clerk
First Reading
Second Reading.
ORD. NO. 9-04
SIEMON & LARSEN~ P.A.
Mizner Park
433 Plaza Real, Suite 339, Boca Raton, Florida 33432
Telephone (561) 368-3808 - Facsimile (561) 368-4008
E-Mail - info@siemonlarsen.com
cch I -, 2004
CITYUAHAGER
February 17, 2004
David Harden, City Manager
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, Florida 33444
Dear Mr. Harden:
We understand that the City Commission agenda packages for tonight's meeting have already
been delivered. Your administrative assistant has advised us that you have the discretion to
provide the Commission with additional documents when they arrive at the meeting.
Accordingly, we respectfully request that you provide the Mayor and Commissioners with the
attached letters.
Thank you in advance for your assistance in this matter.
Todd Messen
RECEIVED
FEB 1 7 ?.O6J,
CiTY CLERK
SIEMON & LARSEN, P.A.
Mizner Park
433 Plaza Real, Suite 339, Boca Raton, Flodda 33432
Telephone (561) 368-3808 - Facsimile (561) 368-4008
E-Mail - info~siernonlarsen.com
February 17, 2004
Hon. Mayor Jeff Perlman
Hon. Vice Mayor Jun Levinson
Hon. Deputy Vice Mayor Patricia Archer
Hon. Commissioner Bob Costin
Hon. Commissioner Alberta Perry McCarthy
Delray Beach City Hall
100 NW 1st Avenue
Delray Beach, Florida 33444
RECEIVED
FEB 1 7 2004
CITY CLERK
Dear Mayor and Commissioners:
We respectfully submit this letter on behalf of Mr. William Andrews with regard to proposed
Ordinance No. 9-04, which is on the City Commission agenda for second reading on Tuesday,
February 17, 2004. Mr. Andrews is the owner of a parcel of land located in the R-O District and his
existing development expectations would be materially impacted by the proposed ordinance for no
discernible public purpose. Mr. Andrews urges you to either defer any action on this proposed
ordinance or to defeat the ordinance for the reasons set out in this letter.
We respectfully submit that the proposed Ordinance materially changes the R-O District in
a manner which is not consistent with the good planning, and the City's planning established
objectives, as expressed in its Comprehensive Plan, Community Redevelopment Plan, and the
Seacrest/Del-Ida Park Neighborhood Plan ("Neighborhood Plan").
You have already been given a staff report regarding the proposed amendment. The staff
analysis states that:
Recently, there has been some questions as to why "and dwelling
units" is included in the description of duplexes in the RO zoning
district, and if it could be determined that it infers that multiple family
dwelling units (three or more dwelling tmits) are also permitted.
The staff analysis suggests that the deletion of the words "and dwelling units" from the list
of permitted uses in the RO District (Section 4.4.17(B), City of Delray Beach Land Development
Regulations ("LDRs")) will only serve to clarify the land development regulations. According to the
staff, at the time the "and dwelling units" language was added to the land development regulations:
"the intent was to only list duplex structures." The assertion is made without support and flies
Hon. Mayor Jeff Perlman, et al
Page 2 of 5
February 17, 2004
directly in the face of the plain language of the Code and well-established principles of statutory
construction.
We respectfully submit that:
1. The proposed Ordinance is inconsistent with the City's Comprehensive Plan;
The present language of the City's Land Development Regulations does permit multiple
family dwelling units, just as the City's Comprehensive Plan and well-considered
Neighborhood Plan recognize; and
The inclusion of multi-family dwelling units in the RO District, especially in vertically
mixed-use buildings, implements the Comprehensive Plan, the Community Redevelopment
Plan, and the Neighborhood Plan.
I. The Proposed Ordinance Is Inconsistent With The Seacrest/Del-Ida Park
Neighborhood Plan.
Regardless of the way the staffcharacterizes the "intent" of the 1990 language, the City has
officially recognized that the "and dwelling units" language in the list of permitted uses in the RO
District allows multi-family dwelling units. The City incorporated this policy into its
Comprehensive Plan when it adopted the Seacrest/De! Ida Park Neighborhood Plan on
March 3, 1998.
The Neighborhood Plan repeatedly states:
Within the Del Ida Park RO and RL zoning districts, low density
multi-family and/or duplex development will continue to be permitted
under the control of the Historic Preservation Board.
Neighborhood Plan at iv and 20 (emphasis added).
Because it is a component of both the Comprehensive Plan and the Community
Redevelopment Plan, the City is obligated to ensure that its land development regulations implement
the Neighborhood Plan. The proposed Ordinance undermines the Neighborhood Plan, which was
the result of an extensive collaborative effort between the City's Planning and Zoning Department,
the Community Redevelopment Agency, the Seacrest Neighborhood Association, and the DeMda
Park Neighborhood Association.
Hon. Mayor Jeff Perlman, et al
Page 3 of 5
February 17, 2004
II.
The Comprehensive Plan Anticipates Multifamily and Vertically Mixed-Use
Commercial/Residential Development in the RO District.
The RO District is a zoning district which, according to the Comprehensive Plan, implements
the "Transitional" and "Commercial Core" Future Land Use categories. The Comprehensive Plan
provides that:
[The "Transitional Land Uses"] designation applies to land which is
developed, or is to be developed, for either residential or
nonresidential uses. In some instances this designation orovides for
a transition between less intensive residential use and commercial
uses. In other instances, this designation allows the establishment of
uses which are compatible with adjacent residential use. * * *
Residential development at a density between five and twelve units
per acre, mobile home parks and apartment development in addition
to condominiums, Continuing Care Facilities, A.C.L.F., and various
types of group homes are appropriate under this designation.
Nonresidential development at an intensity equivalent to that
associated with medium density residential land uses is also
appropriate.
City of Delray Beach Comprehensive Plan at FL-42 (emphasis added). Similarly,
The Commercial Core designation accommodates a variety of uses
including commercial and office development; residential land use
upper story apartments ....
City of Delray Beach Comprehensive Plan at FL-42 (emphasis added).
Except for three tiny areas elsewhere in the City, the RO District is currently applied to lands
located entirely within the Del-Ida Park Neighborhood and the Southeastern edge of the Seacrest
Neighborhood, just north of Pineapple Grove. The RO District serves a transition function between
GC (General Commercial) to the East and RL or R- 1 -AA (both residential districts) to the West, and
between CBD and CBD-RC (both downtown districts) to the South and RL or R- 1-AA to the North.
The attached map shows the position of the RO District in relation to the other districts.
Hon. Mayor JeffPeflman, et al
Page 4 of 5
February 17, 2004
The City's Official Zoning Map shows that of the seven zoning districts which surround the
principal RO District area, four (4) permit multiple family development, either as a stand alone use
or part of a mixed-use project. One (OSSHAD) permits multifamily development as a
conditional use. Only two (2) of the Districts do not permit multifamily - R- 1 -AA, a detached single-
family residential district located to the Northwest (away from Downtown), and CF, the community
facilities district located to the West (which does not allow any residential uses).
The proposed Ordinance conflicts with the purported function of the Transitional Future
Land Use District and the RO District itself. The Comprehensive Plan and Land Development
Regulations, implementing time-tested principles of good urban planning, anticipate that uses in the
RO District will "transition" between the uses, densities and intensities of the City's downtown and
the uses, densities and intensities of the residential neighborhoods to the north. In this context, the
proposed amendment makes no sense because:
The RO District is supposed to allow development at a higher density and intensity
than the RL District that abuts it to the North and West. Yet while the Ordinance
proposes to "clarify" the RO District by removing multifamily uses from it, the RL
District specifically allows "multiple family structures." §4.4.5(B)(3), LDRs.
The proposed Ordinance would prohibit multifamily in the RO District, even though
it is allowed immediately north (in RL), south (in CBD, CBD-RC, and conditionally
in OSSHAD), east (in GC), and west (in RL) of the District. See §§4.4.5(B)(3),
4.4.13(B)(4), 4.4.28(B)(1) and (D)(5), 4.4.24(D)(1), 4.4.9(B)(5), LDRs.
The RO District regulations permit a mix of uses in the same structure. See
§§4.4.17(G)(2) and (H)(2), LDRs.~ As an implementing District for the Commercial
Core and Transitional Future Land Use Districts, vertically mixed-use buildings with
commercial/office on the first floor and multifamily on the second floor is the only
construction of the RO District language that makes sense.
~ Section 4.4.17(G)(2) provides, "Parking required for business and professional offices
shall be at the standard of .... However, this requirement may be reduced.., when there is a
mix of residential and office use in the same structure." (emphasis added). Section 4.4.17.(H)(2)
provides, "A building or structure in the RO District may contain either a residential use, an
office use, or a mix of uses." (emphasis added).
Hon. Mayor Jeff Peflman, et al
Page 5 of 5
February 17, 2004
III.
Any Amendment to "Clarify" the RO District Regulations Should Specifically Include
Multiple Family Dwellings.
Given the City's planning objectives, as reflected in its Comprehensive Plan, Community
Redevelopment Plan, and Seacrest/Del-Ida Park Neighborhood Plan, if there is any confusion with
regard to the language in the RO District regulations, we respectfully submit that the City should
remedy the confusion with the following amendment to Section 4.4.17:
(B)
Principal Uses and Structures Permitted: The following
types of use are allowed within the RO District as a permitted
(1)
(2)
Single family detached dwelling units.
Duplex dwellings. ~h~,~,,~
Multiple family dwellings.
Business and professional offices.
Abused spouse residence limited to forty (40) or fewer
residents.
Funeral parlors, funeral homes.
Parking lots not associated with a use, pursuant to an
adopted neighborhood or redevelopment plan.
Group home, Type 1, pursuant to restrictions set forth
in Section 4.3.3(I).
As such, we urge you to either send this proposed ordinance back to Staff for further review
or vote "no" on Ordinance No. 9-04.
submitted,
CC.'
City Manager David T. Hardin
Director of Planning and Zoning Paul Dorling
City Attorney Susan Ruby
IR-l-AA
Single-Family (7,500 ff.2 lots)
vRaLrious residential, including
Mu t -fam y at 3-6 un ts/acre
IGC
General Retail/Office/Business
Multi-family in Mixed-Use at
12 units/acre
AC
Auto and motorcycle dealers
and body shops
CF
Churches, Day Care,
Recreation, Government
CBD
City's Downtown
Multi-Family 30 units/acre base:
actual can be much higher
CBD-RC
CBD uses and light industry
multifamily at 30 du/acre
CBD-RC (Pineapple Grove)
CBD uses and light industry
mu t fam y at > 30 du/acre
OSSHAD
Mix of uses; multifamily as
part of mixed-use project
is permitted as conditional use
RO
Comp. Plan allows up to 12 units/acre
Zoning provides for mixed use
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO
THE LAND DEVELOPMENT
REGULATIONS SECTION 4.4.17(B)(2)
REGARDING DUPLEXES IN THE RO
(RESIDENTIAL OFFICE) ZONING DISTRICT
The City Commission of the Ci~ of Delray Beach, F!odda, proposes
to adopt the following ordinance:
ORDINANCE NO. 9-O4
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOP-
MENT REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DIS-
TRICT'', SUBSECTION 4.4.17(B), "PRINCIPAL USES AND
STRUCTURES PERMITTED", BY AMENDING SUBSECTION
(B)(2) TO DELETE THE WORDS "AND DWELLING UNITS";
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accepting public testimony regarding the proposed
ordinance. The first Public Hearing witl be held on TUESDAY.
FEBRUARY 3. 2004. AT 7:00 P.M, in the Commission Chambers
at City Hall, 100 N.W. I" Avenue, Delray Beach, Florida. If the pro-
posed ordinance is passed on first reading, a second Public
Hearing will be held on TUESDAY. FEBRUARY 17. 2004, AT
7:00 p.l~. (or at any continuation of such meeting which is set by
the Commission).
All interested citizens are invited to attend the public hearings and
comment upon the proposed ordinance or submit their comments
in writing on or before the date of these hearings t~ the Planning
and Zoning Department. For further information or to obtain a copy
of the proposed ordinance, please contact the Planning and
Zoning Department, City Hall, 100 N.W. Ist Avenue, Delray Beach,
Florida 3~4~. (email at pzmail@mydelraybeach.com) or by calling
561/24-7040), between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY 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 E S. 286.0105.
CITY OF DELRAY BEACH
Barbara Garito, CMC
City Clerk
PUBLISH: Monday, Janua,~y 26~ 2004
Wednesday, February 11, 2004
Boca Raton/Delray Beach News
Ad# NS010428
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO
THE LAND DEVELOPMENT
REGULATIONS SECTION 4.4.17(B)(2)
REGARDING DUPLEXES IN THE RO
(RESIDENTIAL OFFICE) ZONING DISTRICT
The City Commission of the City of Delray Beach, Flodda, proposes
to adopt the following ordinance:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOP-
MENT REGULATIONS OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DIS-
TRICT'', SUBSECTION 4,4.17(B), "PRINCIPAL USES AND
STRUCTURES PERMI'I-rED"', BY AMENDING SUBSECTION
(B)(2) TO DELETE THE WORDS "AND DWELLING
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the
purpose of accePting public testimony regarding the proposed
ordinance. The first Public Hearing will be held on ~
FEBRUARY 3. 2004, AT 7:00 P,,~.'.. in the Commission Chambers
at City Hall, 100 N.W. I, Avenue, Delray Beach, Florida. If the 'pro-
ordinance is passed on flint reading, a second
Hearing will be held on
7:00 P,M, (or at any continuation of such meetihg which is set by
the Commission).
All interested citizens are invited to attend the public hearings and
comment uPOn the proposed ordinance or submit their comments
in writing on or before the date of these hearings to the Planning
and Zoning Department; For further information or to obtain a copy
of the proposed ordinance, please contact the Planning and
Zoning Department, City Hall, 100 N.W. Ist Avenue, Delray Beach,
Florida 3444 (email at pzmail@mydelraybeach.com) or by calling
561/24-7040), between the hours of 8:00 a.m. and 5:00 p.m.,
Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO
APPEAL ANY DECISION MADE BY THE CITY COMMISSION
WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
HEARINGS, SUCH PERSON MAY 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 ES. 286.0105.
CITY OF DELRAY BEACH
Barbara Garlto CMC
City Clerk
PUBLISH: Monday, January 26, 2004
Wednesday, February 11, 2004
Boca Raton/Delray Beach News
Ad# NS010428