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75-91 ORDINANCE NO. 75-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATIVE PROVISIONS", ARTICLE 2.4, "GENERAL PROCEDURES", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.4.6(H), "TEMPORARY USE PERMIT", TO PROVIDE FOR THE ISSUANCE OF TEMPORARY USE PERMITS FoR CITY OPERATED FACILITIES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AS FOLLOWS: Section 1. That Article 2.4, "General Procedures", Section 2.4.6, "Procedures for Obtaining Permits and Approvals", 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: (H) Temporary Use Permit: A temporary use shall be required for any of the uses listed below. The granting authority of each use is as shown. * 1. Circuses or Carnivals -- City Commission * ~. Uses under a Tent -- City Commission * ~ Sales Offices and Models at a residential development site -- Chief Building Official * 4. Construction trailers and compounds -- Chief Building Official 5. City Operated Facilities -- City Commission 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 or 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 That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.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 upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 19th day of __~~~,~ ATTEST: ci~ clerff- ~ First Reading. October 29, 1991 Second Reading. November 19, 1991 CITT Or; OELRAY BEACH NOTICE OF PUBUC HEARING A PUBLIC HEARINO will be held on Ihs following 2reposed O¢cinance(s) at mission), 0n Tuesa~y November 19, bers, 100 N W 1st Avenue Delray Beach, al which time the City Commis- sion win consider their adopt~o~ into law The proposed Ordinance(s) may ]~1 [)J iS}}~rJ l)~,i ),y specttothepro~sed 0rdJn~ ..... Been. [t,o,[on, Pa, lIT1 J~oa,rlh (]r)llllJ,.y lrlr)rirln. AN ORDiNANCE OF THE CITY COM- gel['a,y Flea, eh, PB, I ID []q~,f]h (JflllD[,y Ii'If lC'if Itl CHAPTERBEACH' FLORIDA2, 'ADMINISTRATIvEAMENDtNG TAfNING PERMITS AND APPROV- ~0~ OF ~M ~C~ OF DELRAY BEACH, FLORIDA, BY .ROWD~ ,0. THE ,SSUANC~ OF Before ~he undersigned a, ul;l)oril,y l)m'~(nla, ll.y TEMPORARY USE PERMITS FOR ~ppea,red Ns, ney ~lJJ,h, '[JlgJrJe [~t, Ios Ma,[I PROVIDING A SAVING CLAUSE; MI~IOH O~ 't~ CITY OF OEL~AY lJabed JD BOna, ~,8, J, oD Jcl Pa, J~l Jle~,qh (]r)llrlJ,y, ORmNANCENO. T&9t BEACH, FLORID~ ~ENDI~ CHAPTER ~, 'INFRASTtU(TURE Florida,; ~ha, t, ~he 8, J,l,8,(~JiorJ f.r)[), v ()[ a,(]vr~[.j,j~lq_ AN ORDINANCE OF THE CITY COM. ~BLIC P~RTY', ARTICLE '~ MISSION OF THE CITY OF DELRAY "DESIGN STAND. DS ~D meg. t, W8,S pll b]iahed itl sa, Jr] rleWnl);t, per¢; itl THEBEACH'cITyFLORIDA'oF DELRAyANNEXINGBEAcH,TO ~ATER~IEEMENT?'sYSTEM'.~CTI~ THE ~6;1'10' ~he ~sst]e~ o[: .A~g LYING AND BEING IN SEC. ~VELOPMENT REG~Tio~ OF TION 25, TOWNSHIP ~ SOUTH, ' T~ COO~ ~' ~Dl~ES OF RANGE 42 EAST, PALM BEACH THE 'CITY OF DEL~y COUNTY, FLORIDA, WHICH LAND FLORIDA, BY ~ENDI~ SUB~EC- 1991 CORNER OF THE ~NTERSECTION USE ~ CI~ WATER F~ lNG FOR THE RIGHTS AND OBLI. RIGATI~ PU~ES; GATIONS OF SAID LAND; PROVI~ A GENERAL REPEALER C~USE; REPEALER CLAUSE; PROVIDING '~ by ~ ~ ~mm~ ~ re EFFECtiVE P~Jm Beo, r:h (lOll TIj,,~, P'Ir)i'irIn,, Mr)[I(Ia,.V AN ORDINANCE OF THE CITY COM- ~ ~ ~t~ i8 ~hrO1i~}l ~lJn. cla,y, ;I, rlr] })~t,S J)qrlll rlJlt,r!l'rlr] ;I,51 BEACH, FLORIDA, PROVIDING FOR ~e~h~l CHARTER REVISIONS TO THE CITy ~. ~ C~ ~ ~1~ 8eoorld rlJfl, sS ~O,l,J,OP It, J, l,])O pr)rd, rl[Jjr~q ill CHARTER OF THE CITY OF DEL- RAY BEACH, FLORIDA, BY 2~.OJ~. ~ ' ' ' "LEGISLATIVE", SECTION 3.01, CI~Y OF DEL~AY ~EACH [JPa~ pllbJJoa,J, JoB 0[' t,Jlo a,l,J,q,r~Jlr~r] r:r)[),y of successio, TO OFFICE OF May- &CIvoPI;JsoTnoDt,; a, nd a,[fJa, lll, ru l'J,Jlr~l' rul,.y¢¢ I, Ji;LI, I~RS?E LENGTH OF COMMISSION- B~8~rayl~yn~ield PROViDiNG FOR A REFERENDUM person, firm or Cr)T'[)O['O,I, JoD a, rly r]J~Ir]rlll[IJ,, CLAUSE; PROVIDING A SAVING reba,~e, Or)TTITTlJSSJr)I) r)l' I'O[1l[lrJ Jr)l' J, JlO [)11/' TIV~DATE, ] JOa, J~JO n J Ti s8, J (1 T1 O W [; [);t,[)rl I'll. MISSIoNAN ORDINANCEoF THEOFcITyTHEoFCITYDELRAyCO~ ...... OF SECOND NON-PARTISAN ('RUN- ~()PF) J'o fi, B(] StI[)~;~)['it)FlrJ J)r)[r)l'F) Irir) J,JllFl lNG A REPEALER CLAUSE, PR~ ........................ TATION OF SiX t~) CONSECUTIVE (Seal ~Ir)f Ify PIJJ)IJr Of J Jr)l ltl t tl I JJ~f( ~ CO~tSSIONERS; PROVIDING FOR , [;s , ~ YEARS OF ELECTED SERVICE FOR ~ ~ ~ ~ *~ ~ ~CH~E ~ A REFERENDUM ELECTION TO BE My f]oln m i~SiOr) .~~~~~~ VIDING A SAVING CLAUSE; MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~~ SUBJECT: AGENDA ITEM ~ ~ - MEETING OF NOVEMBER 19, 1991 ORDINANCE NO. 75-91 DATE: November 15, 1991 This is a second reading of an ordinance amending the Land Development Regulations to provide for the issuance of temporary use permits for City operated facilities. Within the Land Development Regulations there is a section which allows temporary uses of property regardless of zoning district. In addition to circuses and construction trailers, staff is recommending that we add to our Code the classification of City operated facilities when approved by the City Commission. This ordinance will be immediately applicable to the temporary fire station on the Blood's property. The Blood's have requested that the property retain the Agricultural zone designation rather than being converted to Community Facilities. It is staff's opinion that this is appropriate given the temporary nature of the Community Facilities development and the inability on the City's part to guarantee that zoning would revert to Agricultural at the time the City's lease expires. This ordinance modification would also afford the City the opportunity to create other substations for police, fire, or municipal services at shopping malls and the like. The Planning and Zoning Board will review this ordinance at their November 18, 1991 meeting. A verbal report will be made at your Tuesday evening meeting. Recommend approval of Ordinance No. 75-91 on second and final reading. [ITY OF DELRIIY BEFII:H CITY ATTORNEY'S OFFICE FACSIMILE407/278-4755 Writer's Direct Line (407) 243-7092 MEMORANDUM Date: October 25, 1991 To: City Commission ~/~ From: Jeffrey S. Kurtz, City Attorney, Subject: Ordinance No. ~-91, Establish t of Temporary Use for City Operated Facilities; File #01-91.017 Within the Land Development Regulations there is a section which allows temporary uses of property regardless of zoning district. In addition to the circuses and construction trailers, staff is recommending that we add to our Code the classification of City operated facilities when approved by the City Commission. This ordinance will be immediately applicable to the temporary fire station site on the Blood property. The Code amendment will allow the temporary fire station to be located on the property without rezoning the property. The temporary site is being annexed into the City in order that we can speed up the placement of the temporary fire station on the premises versus going through the approval process in the County. The Bloods have requested that the property remain Agricultural zone designation rather than being converted to Community Facilities. It is staff's opinion that this is appropriate given the temporary nature of the Community Facilities development and the inability on the City's part to guarantee that zoning would revert to Agricultural at the time the City's lease expired. If the property was zoned Community Facility, the Bloods could not reconvert their property to Agricultural use until such time as the property was rezoned Agricultural. This ordinance modification would also allow the City the opportunity to create other substations for police, fire, or municipal services and shopping malls and the like. Should you have any questions concerning this ordinance, please do not hesitate to contact our office. JSK:jw cc: David Harden, City Manager David Kovacs, Director of Planning and Zoning bloodscc.txt MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~ ~2A - MEETING OF OCTOBER 29, 1991 ORDINANCE NO. 75-91 DATE: October 25, 1991 This is a first reading of an ordinance amending the Land Development Regulations to provide for the issuance of temporary use permits for City operated facilities. Within the Land Development Regulations there is a section which allows temporary uses of property regardless of zoning district. In addition to circuses and construction trailers, staff is recommending that we add to our Code the classification of City operated facilities when approved by the City Commission. This ordinance will be immediately applicable to the temporary fire station on the Blood's property. The Blood's have requested that the property remain Agricultural zone designation rather than being converted to Community Facilities. It is staff's opinion that this is appropriate given the temporary nature of the Community Facilities development and the inability on the City's part to guarantee that zoning would revert to Agricultural at the time the City's lease expires. This ordinance modification would also allow the City the opportunity to create other substations for police, fire, or municipal services at shopping malls and the like. Recommend approval of Ordinance No. 75-91 on first reading. I:ITY OF DELRI:IY BEi:I£H "' '~'":'~' '--'" Writer's Direct Line (407) 243-7092 MEMORANDUM Date: October 25, 1991 From: Jeffrey S. Kurtz, City Attorney , Subject: Ordinance No. 7~-91, Establishment of Temporary Use for City Operated Facilities~ File #01-91.017 Within the Land Development Regulations there is a section which allows temporary uses of property regardless of zoning district. In addition to the circuses and construction trailers, staff is recommending that we add to our Code the classification of City operated facilities when approved by the City Commission. This ordinance will be immediately applicable to the temporary fire station site on the Blood property. The Code amendment will allow the temporarY fire station to be located on the property without rezoning the property. The temporary site is being annexed into the City in order that we can speed up the placement of the temporary fire station on the premises versus going through the approval process in the County. The Bloods have requested that the property remain Agricultural zone designation rather than being converted to Community Facilities. It is staff's opinion that this is appropriate given the temporary nature of the Community Facilities development and the inability on the City's part to guarantee that zoning would revert to Agricultural at the time the City's lease expired. If the property was zoned Community Facility, the Bloods could not reconvert their property to Agricultural use until such time as the property was rezoned Agricultural. This ordinance modification would also allow the City the opportunity to create other substations for police, fire, or municipal services and shopping malls and the like. Should you have any questions concerning this ordinance, please do not hesitate to contact our office. JSK:jw cc: David Harden, City Manager David Kovacs, Director of Planning and Zoning bloodscc.txt ORDINANCE NO. 75-91 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 2, "ADMINISTRATIVE PROVISIONS", ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS AND APPROVALS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.4.6(H), "TEMPORARY USE PERMIT", TO PROVIDE FOR THE ISSUANCE OF TEMPORARY USE PERMITS FOR CITY OPERATED FACILITIES; PROVIDING A SAVING CLAUSE; PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article 2.4, "General Procedures", Section 2.4.6, "Procedures for Obtaining Permits and Approvals", 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: (H) Temporary Use Permit: A temporary use shall be required for any of the uses listed below. The granting authority of each use is as shown. * 1. Circuses or Carnivals -- City Commission * ~. Uses under a Tent -- City Commission * ~. Sales Offices and Models at a residential development site -- Chief Building Official * 4. Construction trailers and compounds -- Chief Building Official 5. City Operated Facilities -- City Commission 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 or 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 upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of , 1991. MAYOR ATTEST: City Clerk First Reading Second Reading A I~I~LIC HEARIN~ will ~ f~ ~ m~l, ~ T~ ~ I% I~1, · ~ Ci~ ~ C~ ~ will ~ ~ ~ i~ ~, ~ray ~h, F~i~, exc~ vit~ ~ ~ 8~ ~ ~r~ w~ re PROVISIONS', ARTICLE 2,4, ~ENE~AL PR~EDURES', SEC. TION 2.4.6, 'PR~E~RE5 FOR O~ TAINtNG PER~ITS AND APPROV- ~ O~ ~O~I~. ALS', OF THE ~ND DEVELOP- MENT EEGU~TIONS OF THE CITY COUNTY O~ PALM ~ACH o~ ~LRAY BEACH, ~ORIOA. BY ~ENOINO SECTI~ 2.4.' (H), ~EM~EAEY U~E PERMIt, TO ..ovmoE ~o. mE ~SSUANC~ O~ CITY O~RATEO F~ILITIES; PROVIOI~ A ~Vl~ appea,red Na, ncy Sill, h, [rlgidn ~Ja. lns Mn, n ,.ov,o,~ A OENEUL REPEAL- ri,geT of The News, (la. ily newf:pn, pnr~ plli) FECTIVEDATE AN OROINANCE OF THE CITY CO~ fished in Boca, R,m,t, on in Pa, Ii Bqaqh C~rlll[IJ,.y, , J~ BEACH. ~LORJDA, AMENDING CHAPTER ~, "INFraSTrUCTURE Florido,; l, ha, t l;he a,l,f,n,~Jlerl r3r)[)y Of a.rl vqrl, irln- ~a~m~c~. PUBLIC PROPERTY", ARTICLE 6.1, ' ' M~ ~ ~E Cl~ ~ DELRAY 'DESIGN STANDARDS AND meritwo,s plJbJJshe(J Jrl 5fl, Jr] llr!wrlj)a,j)r!r'~; itl BEACa, FLORIDA, ANNEXING TO ~UIREMENT5', SECTI~ SI.lO, ' THE CITY ~, OELRAY BEACH. ~ATER SYSTEM', OF THE ~ND ~he ~B81]es of: u~B LYI~ ANO BEING IN ~EC- DEVELOPMENT REGU~TIONS TI~ 15, TOWNSHIP ~ ~TH, THE CODE OF ORDINANCES OF ~N~E ~ ~ST, PA~ BEACH THE CI~Y OP DELRAY BEACH, COYNTYi ~LORIO~ WHICH MNO PLORIOA, BY ~ENOING SUBSEC. CORNER OF THE INTERSECTION USE O~ CITY WATER FOR . .~ ~T~ ~LEVARD'A~D GER- TION', TO PROVIDE FOR ~ L~E - / ~fl~N .ROAD; REDEFINING OF DE~RCATION, WEST OF TH~ ~UN~IES 0F ~ID CiTy WHICH, THE USE O~ MUNICIPAL ~ I~LUOE SAiD ~ND; PR~ WATER IS NOT ALLOWED ~OR IR- I~THE RIGHTS A~ ~LI- RIGATION PUR~SES; PROVIDING . ~. ~ ~lO ~NO; PROVi~ A GENERAL REPEALER C~USE. J~: ~ T~ ~1~ THERE~ PROVIOING A SAVING C~USE; T~ ~.~ ~:(C~ F~ILITIES} PROWOING AN EFFECTIVE DATE O~ ~ P~T, AND A P~e~ ~ ~i~ ~at if ~ ~r~ P~lm Bec,eh (go~Jrlt,y, [i'Jr)r'JrJa,, ~r~[IrJa,.y kNO"OINANCEOFTHECIWC~ ~ t~ ~mi~ ,S ma, [ MINION OF THE ClW ~ ~L~Y rK~ i~ ~ ~ti~y Bna throtl I Sllrlda.y, ~l,[IrJ [l[I,~ t)qr}[) r~lll,qrrtrJ ;t,[; BEACH, FLORIDA, PROVIDING Foe ~e ~ ~ ~ ~1 is to 8eoorld r:lfl, s8 ma, tl,er a,l, I, tlr} pr)gl, r)f'l ir:q J ri CHARTERCHARTER REVISIONSOF THE CITyTO THEoF CITYDEL. W~re~' r~,C~r~a.~Pu~ant ~ ~ovi,eto FS ~Y 8EACh, FLOEtDA. BY Boca, H,n.l,on, l?8,1m l~rm,r:t~ (',rHlrll,y. ["lr)rirln,. ~ENOING ARTICCt ill foe ~, pePJoc] Of r)rlq yr}8,[' [Iqzt, [)['qr:r}rJjll~ t,Jlr! ~l~lO~lTV ~NAOt, ' FORM OF DEPUTY VICE~YOR; C~ C~r~ [iPSL pll bi iofl, l, JoB r)f l,Jlq fl, l,J,a.rlJler] r.r~[ly. . rlf SUCCESS~O, TO OmCE O; ~- OR', TO PROVIOE FOR A C~ANGE PUBLISHED: THE NEWS , ERS' TER~ FR~ ~ TO 3 YEARS; ~m~ 1. he ho, B neil, her pa, iTl Ilor [irT)ltl irlqrJ ;i. II.V ELECTION TO BE HELD ON ~RCH ~, 1~; PROVIOIN$ I REPEALER person, firm or ~rlrJ)rl['a,l, irl[I q,n.y rJirlrlrHl~lt,, C~US~; ~eOWmNO A S~W~ C~UIE; P~OVIDINB A~ reba, t,e, cr)rnmissir)rl r)r rq[ll[lrJ Ifil' I, Jlq [)llr TIVEDATE. ] JCB, t, Jon iii s~.J¢1 IlOWrl[):LJlrTl'r; AN OEDINA~E ~ THE CITY CO~ ' ~i$$10H OF THE CITY OF DELRAY BEACH, FLO~I~, PROVIDING ~ CHARTER ~EVISION$ TO THE CITY CHARTER OF THE ~{TY OF DEL- RAY ~EACH, FLORIO~ 6Y ~ENDING SECTION 5.~, WYPE$ ~~ ~ ~~ ~~ OF ELECTIONS', ANO SECTION S.~, 'ELECTIONS GENERALLY, TO ~_~ PROVI~ FOR THE ABOLISHMENT ...... OF SECOND ~PARTI~N ['RU~ OF~) ELECTIONS EXCEPT IN THE EVENT OF A TIE; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON ~RCH 10, 1~; PROVI~ ViDING A SAVING C~UGE; PE~ VIDI~ AN-EFFECTIVE DATE. BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS TO THE Cl~ CHARTER O~ THE CiTY OF DEL- ~AY BEACH, FLORIDA, BY E~CT- I~ A NEW SUBSECTION SECTION 3.~I(CL TO PROVIDE FOR A .................. TATION DP SiX (6J CONSECUTIgE I ~ [ I I (~) C~ISStONERS~ PROVIDING FOR A REFERENDU~ ELECTION TO BE HELD ON ~RCH 10, I~ IN~ A REP~LER C~USE; MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER?/Wq -- OFiOC ........ , ~I ORDINANCE NO. 76-91 DATE: October 25, 1991 This is a second reading of an ordinance annexing land located at the southwest corner of the intersection of Linton Boulevard and Germantown Road with initial City zoning of CF (Community Facilities) zone district, in part, and A (Agricultural) zone district, in part, in order to facilitate the construction of the Fire Station No. 5 facility. The land to be annexed is a 1.8 acre portion of what is now Blood's Grove. The territory includes both a temporary and permanent site for Fire Station No. 5. The CF zone designation is being affixed to the permanent site, with the Agricultural zone designation being placed on the temporary site and access road. The Agricultural designation is being used at the request of the property owner, who is retaining title to the temporary site, and who will return the site to an agricultural use after the City leaves it. In order to proceed in the most expeditious manner, it is necessary to annex the site(s) and process the site plan through the City. If we opted to proceed through the County land use process, it is likely that the site would not be operational until March, 1992. The Planning and Zoning Board at their November 18th meeting held a public hearing on this item. There were some concerns expressed with regard to traffic generation at the intersection of Germantown Road and Linton Boulevard and the effect on property values and noise on adjacent residential uses. The Board recommended approval of the annexation. Recommend approval of Ordinance 76-91 on second and final reading.