Ord 38-08ORDINANCE NO. 38-08
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DEZ,RAY
BEACH, FLORIDA, BY AMENDING SECTION 2.4.3, "SUBMISSION
REQUIREMENTS", SUBSECTION {I{}, "FEES", IN ORDER TO
PROVIDE FEES FOR EXTENSION REQUESTS; AMENDING
SECTION 2.4.4, "GENERAI. PROCEDURES PERTAINING TO
APPROVAL OF LAND USE AND DEVELOPMENT
APPLICATIONS", SUBSECTIONS (D), "ESTABLISHIUIENT OF
PROJECT APPROVALS", (E), "EXPIRATION OF APPROVALS", AND
(F}, "E~T`ENSIONS", TO PROVIDE FOR THE EXPIRATION AND
E~iTENSION OF TIME FOR CLASS I - V SITE PLAN
MODIFICATIONS AND CERTIFICATE OF APPROPRIATENESS;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTNE 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 August 18, 200$ and voted 4 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 determir7ed 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.
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 2.4.3, "Submission of Requixements", Subsection {x), "Fees", of the
Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to
read as follows:
2.4.3{x) Fees: Processing fees shall be collected for development applications. The fees shall be as
established herein and as modified by ordinance of the City Commission.
(1) Development At~talicatians: The following fees shall be charged far development
applications. All fees are cumulative and separate unless otherwise indicated. Combined applications
shall provide multiple fees.
(k) Extension requests for a previous
conditional use or site plan approval ~ {tee €ee~-aye
Class I Site Plan Modification
$ 55
Class II Site Plan Modification $ 115
Class III Site Plan Modification 275
Class N Site Plan Modification ~ 430
Class V Site Plan G10
Conditional Use ~ 750
Conditional Use Modification $ 305
Certificate of Appropriateness for Minor Development $ 30
Certificate of Appropriateness for Major Development $ 280
(q) Certificate of Appropriateness by Berard (14}
Minor Development $ 60 (2)
Major Development $ 555 (1}
$----~55
(r) Certificate of Appropriateness by ~1;~hn~r~ttater Staff $ 0 (13},
INCITES:
(1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to a
maximum of $3,000 per project.
(2) This fee shall be credited against any other processing fee which may be applicable to the
request.
(5} Same fee that would apply for site plan modification.
(12} Two fees are required if both a Conditional Use and Site Plan or Site Plan Modification are
being extended for one~roject.
,(13~ There is no fee if the item is listed as an application permitted for Staff approval.
.(14~ Certificates of Appro~rriateness not associated with a Site Plan. Site Plan Modification, andlor
Conditional Use.
Section 3. That Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and
Development Applications", Subsections (D), "Establishment of Project Approvals", (E), "Expiration of
Approvals", and (F}, "Extensions", of the Land Development Regulations of the City of Delray Beach,
Florida, be and the same is hereby amended to read as follows:
2 CtRD, NC-. 38-08
Section 2.4.4 General Procedures Fertaining to ApprtZval of Land Use and Development
Applications: The following provisions apply to various land development applications:
{D} Establishment of Project Approvals: All approvals shall be
considered established when it meets one of the following tests:
{1) Improvements representing twenty-five percent {25°l0} of the total cost of all
improvements ssociated with the
project approval.
{2} A certificate of occupancy has been issued for use of the property pursuant to
the development approval.
{E} Expiration of A~nro~v,_als:
{2}{1} Conditional Uses,, Site Plans, Site Plan Modifications ;TtaPi~~-~lar~
, Preliminary Subdivision Plats: , '
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.All apbro.,~val expiration
dates far Conditional Use, Site Plan. Site Plan Modification, and Preliminary Subdivision flat
shall be deterrriined as follows:
al Approvals of Class IV and V Site Plans. Conditional Uses. and Mnor
Conditional Use Modifications shall be valid for a period of twenty-four
{24Lmanths. Class I-III Site Plan Modifications and Minor__Conditional
Use Modifications to an approved and established project, shall be
considered a new approval and have an additional twenty-four (24~
month approval period. Class I-III Site Plan Modifications and Minor
C>RD. NC}. 38-OS
Conditional Use Modifications to an appraved. yet unestablished
project shall be valid until the expiration date for the original Site Plan
andlar Conditional Use approval.
{~}(2) Certificates of A~aFrapriateness: Certificates of Appropriateness apnr~avals
associated with a Site Plan. Site Plan Modification andlor Conditional Use application shall
fallow timelines provided in Section 2.4.4~E,~,~1~~,. All at~praval expiration dates far Certificates of
Appropriateness not associated with a Site Plan. Site Plan Modification, ar Conditional Use
shall be determined as follows:
{al New Certificates of Appropriateness apb_r r_avals ar a~ revision as
defined by Section 4.5.1 ~E~t2~ of an approved and established project
shall be valid far a period of twen~-four ~4~ months. Any major
revision as defined by Section 4.5,1 {E~..{2~, of an approved, yet
unestablished Certificate of Appra~riateness, shall be considered a new
approval and have an additional twenty-faun x,24} month approval
period. Any minor revision. as defined by Section 4.5.1{E~{2,, of__an
apbraved, yet unestablished Certificate of Appropriateness shall be valid
far the original Certificate of Appropriateness apr~rr val~eriod,
,{3~Extensians of approved a~plicatians may be granted pursuant to LDR Section
2
{~-}{.{4~. Relief from Parking Requirements,
Waivers, Adjustments: a~r~-sue These approvals •-~ associated with a specific
development application shall remain valid for the same period as said development application:
~e:~er+~~als ,do not run with the land, nor are they transferable to another development
proposal.
lanfb
{4}j5~, Abandonments, Final Plats, Variances:
{a) Once approved by the City Commission, the final plat must be retarded
within eighteen {18) months. If the final plat is not retarded within
eighteen {18) months, the approval expires.
{b) A final plat may be vacated by action of the City Comrr>ission [See
Section 2.4.5{L)~.
{c} Abandonments, Final Plats, and Variances are final actions which run
with the land.
CtRD. NU. 3$-08
{F} Extensions: Extensions may be granted to a ro'ect
a naval listed under Sections 2.4.4(E) 1 and (2) pursuant to the fallowing:
(1) General:
(a} t1 written request far an extension must have been received by the City
at least forty-five (45) days prior to the expiration date;
{b) The letter must set forth the basis and reason for the extension;
{c) The extension shall be considered by the same body which granted the
original approval;
(d} The extension, if granted, shall be for eighteen months unless otherwise
stated;
(2} Construction has Commenced: When there are substantial irnpravements on
the site but the 25°l° establishment standard is not met, the granting agency shall consider the
diligence and goad faith of the developer to actually commence and complete construction. In
this case, an extension to the originally approved project without change ar without evaluation
pursuant to subsection (3), which follows, shall be granted to enable the developer to complete
the project as apposed to allowing a continuing approval in order to more readily sell the land
and f ar project. In considering "diligence and good faith", the granting body shall consider:
* l~ When the construction commenced (construction which is
commenced immediately preceding expiration generally indicates
a lack of good faith);
~ b.{--} The extent to which construction has proceeded;
~ ~ The extent to which there has been a bonafide continuous effort
to develop but because of circumstances beyond the control of
the developer, it was not possible to meet the 25°lo standard.
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.
ORD. NO. 38-08
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 6. That this ordinance sha]1 become effective immediately upon its passage on second and
final reading.
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~-- ~ PASSED AND ADOPTED in regular session on second and final reading on this the 1~ day of
~ a1~D. No. ~s-os
MEMURANDITM
TO: Mayor and City Commissioners
FROM: David T, Flarden, City Manager
DATE: September 9, 2008
SUBJECT: AGENDA ITEM IO.L. -REGULAR COMMIS~"ION MEETING OF SEPTEMBER 16} 2008
ORDINANCE NO, 3$-08 f SECOND READINGISECOND PUBLIC HEARING)
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and second public hearing for a City initiated
amendment to the Land Development Regulation {LDR) by amending Section 2.4.3, "Submission
Requirements", Subsection (K) "Fees" to provide fees for extension requests; Section 2.4.4, "General
Procedures Pertaining to Approval of Land Use and Development Applications", Subsections {D),
"Establishment of Project Approvals", ~E), "Expiration of Approvals", and {F), "Extensions", to provide
far the expiration and extension of time for Class I-V Site Plan Modifications and Certificates of
Appropriateness.
BACKGROUND
At first reading on September 3, 2008, the Cam ~issian passed Ordinance No. 38-08, The caption of
the ordinance was modified slightly after first reading to add a reference to expiration and extension of
time far Class I - V Site Plan Modifications.
RECOMMENDATION
Recommend approval of Ordinance No. 38-08 on second and final reading.
MEMQRANQUM
TO: Mayor and City Commissioners
FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER
PALL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH: CITY MANAGER
DATE: August 26, 2008
SUB]ECT: AGENDA ITEM 10 ] -REGULAR COMMISSION MEETING OE SEPTEMBER 3~ 2008
ITEM BEFORE COMMISSION.
The item before the City Commission is aCity-initiated amendment to LDR Sections 2.4.3(K),
2.4.4(D), 2.4.4(E), and 2.4.4(F), to provide for the extension of approved development
applications and associated extension request fees pursuant to LDR Section 2.4.5(M).
~,p~~G Off, UIVD
The subject amendments clarify the approval periods for Class I-V site development plans,
site plan modifications, and conditional use requests. The amendments also establish
approval periods for all Certificates of Appropriateness including modifications of previously
unestablished Certificate of Appropriateness. Currently, Certificates of Appropriateness and
Site Plan Modifications do not have a stipulated expiration date in the LDRs.
The amendment also establishes a fee schedule for all extension requests which is similar to
other fee categories and is approximately half the initial application fee.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on August 18, 2008.
The Board unanimously recommended approval on a 4 to 0 vote by adopting the i=tndings 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.
By motion, approve on first reading Ordinance No. 38-08 for City~initiated amendments to
the Land Development Regulations (LDR) Sections 2.4.3(K}, 2.4.4(D), 2.4.4(E), and 2.4.4{F},
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 criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
http://www.mydelraybeach.cam/Agendas/Bluesheet.aspx?ItemID=1408&MeetingID=151[4/9/2008 9:22:48 AM]
ORDINANCE NO. 3$-08
AN ORDINANCE OF THE QTY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPII~IENT REGLII.ATIONS OF THE CITY OF DELRAY
BEACH3 FLORIDA, BY P~rIENDING SECTION 2.4.3, "SLLTBMISSION
REQUIREMENTS", SLTBSEC'TION (IC), "FEES", IN ORDER TO
PROVIDE FEES FOR EXTENSION REQUESTS; PENDING
SECTION 2.4.4, "GENEI~:AL PROCEDCTI~ES PERTAINING TO
APPROVAL OF LAND USE 1~ND DEVELOPMENT
APPLICATIONS", SUBSECTIONS (D), "ESTABLISHMENT OF
PROJECT APPROVALS", {E), "EXPIRATION OF APPROVALS", ~±±1~~D
{F), "EXTENSIONS", TO PROVIDE FOR THE EXPIRATION AND
EXTENSION OF TIME FOR CLASS I - V SITE PLAN
MODIFICATIONS ~~JD CERTIFICATE OF APPROPRIATENESS;
PROVIDING A SAVING CLAUSE, A GENEI~:AL REPEALER
~:LAUSE, AND AN EFFECTIVE DATE.
V'VHEREAS, pursuant to LDR Section 1.1.6, the Plr~r~ning and Zoning Board reviowed the
proposed t~sxt arr~endrr~ent at a public hearing held on P~ai;ust 1$, 200$ and voted 4 to 0 to recon~rend
that the changes be approved; and
WI-IEREAS, pursuant to Florida Statute 163.3174(4)(c), the T'lanning and Zoning Board, siti:ing
as the Local Planning P-~;ency, has determined that the change is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Convnission of the City of Delray Beach adopts the findir~ in the
PJ~~rmiztg and Zoning Staff Report; and
WI-IEREAS, the City Com~r~i:5sion of the City of Delray Beach finds tl~~e ordinance is consistent
with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE QTY 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 2.4.3, "Submission Recf~is~~rnents", Subsection (IC), "Fees", of the Land
DeveloT~nt Regulations of the City of Delray Beach, Florida, be and the si~me is hereby amenc~d to read as
follows:
2.4.3(x) Fees: Proces~~ng fees shall be eolle~: tted for dovelopmerit applications. The fees shy] be as,
es#ablished herein. and as modified by ordinance of the City Commission.
(1} Development Applications.• The follov+~ing fees shall be chap ged far developn~nt
applications. All fees are ctnr~ulative and sf'parate unless otherwise indicated. Combiz~d applications
shall provide multiple fees.
{k) Extension requests far a previo
conditional ~ ar site plan approval 12 { €+re
Class I Site Plan Modification
$ 55
Class II Site flan Modification $ 115
Cis III Site Plan Modification $ 275
C~~ss ITT Site Plan 11r1adification $ 430
C~~ss V Site T9an ~ b10
Canditian~l Use $ 750
Conditional Use Rrladificatian $ 305
Certificate of A~~"ropriateness far l~~iriar Development $ 30
Certificate of Appropriateness for I1ror Development $ 280
(q) Certificate of Appropriateness by.Board (14)
' NTinor Devela~rrnent $ 60 (2}
Maur Develo~rment $ 555 (1)
~a~a
{r} ~:ertificate of Appropriateness byir~is#~atc~r Staff $ 0 13
Nf.}TES:
{1) Plus an additional fee of $100 per acre, or any fi:actian tr~ereaf, bel~nning at 3.01 acres, up to a
rna>amum of $3,000 per project.
(2) This fee shall be ec~dited ,~~~nst any other processing fee which may be applicable to the
request.
(5) Same fee that would apply for site plan modification.
{14) Certificates of Appropriateness not associated with a Site Plan, Site Plan Modification, and/or
Conditional Use,
Section 3. That Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and
Developn~nt Applications", Subsections {D}, "Establishment of Project ~-f~pravaLs", (E), "Expiration of
.Approvals", and {F), "Extensions", of the Land Development Re;~alations of the City of Delray Be~~h,
Florida, be and the same are hereby Winded to read as follows:
2 ORD. N0.38-08
Section 2,4.4 general Procedures Pertaining to Approval of Land Use and Development
Applications: The foIlov~ng provisions apply to various la~,d development applications:
{D) Establishment of Pro'e~ ct Approvals: ~~f~~dopt~~e~t~,~'ejt~t All aroyals slhall be
considered established when ~~ts they n-~et one of the fo11o~+~ing tom:
(1) Improvements repx~senting tv~stty-five percent (25°1°) of the total cost of all
improvements associated with the project approval have
been constructed
{2} A certificate of occ~~?ancy has been issued for use of the property pursuant to
the develo~~nt approval
(E} Expiration of Approvals:
(~)(1) Conditional Uses Site Plans Site Ply
~ Preliminary Subdivision Plats:
All approval e'l'ation
dates for Conditional Use. Site Plan, Site Plan Modification, and Prelitninar y Subdivision Plat
shall be determined as follows:
~a~Approvals of C~~s IV and V Site Plans. Conditional Uses, and Major
Conditional Use Ilrlodifieations slhall be valid for a period of twentyfour
X24) months. C~~ss 1-III Site Plan Modifications and Z4~inor Conditional
Use Modifications to an approved and established project, shall. be
3 ORD. NO.38-08
{~},~} Certificates of A~ptoPriateness: Certificates of Ayt~rapriater~s ~
P`ppropriateness not ~sociated with a Site Plan. Site Plan Modification, ar Conditional LTse
shall be deterrnined as follows:
.~3) Extensions of approved applications may be granted pursuant to LL?R Section
2.4.4
~}j4} , Relief from Parkin Requirements,
Waivers. Adjustments: a~--sip These approvals ~ associated with a sl:~ecific
development application shall remain valid far the same period as said development application:
4~se-ads jda not nm with the Ianc~ nor are they transferable to another development
~~
{4}~ Abandonments Final Plats Variances:
(a} Once apprc}ved by tlhe City Conn rdssior~ the final plat mast be retarded
within. eighteen (18} months. If the final plat is not ~ retarc~C3 within.
eighteen {18} months, the approval expires.
(b} A ~ plat may be vacated by action of the City Comnvssian [See
Section 2.4.5(L,}].
jc1Abandanments, Final Plats and Variances are final actions which rim
with the land.
4 orzn.l~0. ~s-as
(F) Extensions: Extensions maybe granted to a pror jest
app val listed under gubSections 2.4,4{E) 1 and (2) pursuant to the following:
(1) General:
(a) A written request for an extension tra~st have been. received by the City
at least fart five (45) days prior to the expiration date;
{b) The letter .must set forth the basis and reason for the extension;
(c) The extension shall be conside"ed by the s<vne body vahich granted the
original approval;
{d) The extension, if granted, shall be for eighteen months unless otht.'rGVise
stated;
(2) Construction has Comrnenced: When there are substantial unprovements on
the site but the 25% establishment si:attdard is not met, the granting agency shall. coz~szder the
diligence and good faith of the developer to ac~tL~lly cam~x~lce and complete cons~tian. In
this case, an extension to the originally approved project without change or without evaluation
pur~,-~aant to subsection {3), which follows, shall be granted to enable the developer to complete
the project as apposed to allowing a continuing approval in order to mare readily sell the land
andJor project. In considering ",diligence and good faith", the granting body shall consiclex-
~ ~ When the constnaction cornrrienced {construction wliiclt is
commenced immediately prece~~ing expiration generally indicates
a l~~ck of good faith),
~ bL) The extent to which cansin~ction 11~as proceeded;
~ ~ The extent to ~+~.ich there l1~as been a bonafide continuous effort
to develop but because of circumstances beyond the control of
the c~veloper, it was not possible to meet the 25°!p standard.
Section 4. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, s+~h de<:isian shall
not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid
5 t~RD. NO, 38-08
Section 5. That all ordinances ar parts of ordinances in conflict herewith be, and the same are
hereby z~~pealed
Section 6. That this or~~inance shall becoxx~ effective imrt~diately upon its passage on second and
final reading
PASSED AND ADOl'TE D in rE~gular session on second and final rea~~ing on this the day of
2008,
ATTEST MAYO R
City Clerk
First Reading
Second Read
6 ORD. NO.38-08
AGENDA ITEM: ORDINANCE 38-08: AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION 2.4.3, "SUBMISSION REQUIREMENTS",
SUBSECTION {K}, "FEES", IN ORDER TO PROVIDE FEES FOR EXTENSCON
REQUESTS; SECTION 2.4.4, "GENERAL PROCEDURES PERTAINING TO
APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS",
SUBSECTIONS (D}, "ESTABLISHMENT OF PROJECT APPROVALS", {E},
"EXPIRATION OF APPROVALS", AND {F}, "EXTENSIONS", TO PROVIDE
FOR EXTENSIONS OF TIME FOR CERTIFICATE OF APPROPRIATENESS.
}. ITEM ~8~lFOl~~ 'T`#~IE'B~ARt~
"I'he item before the Board is that of making a recommendation to the Gity Commission regarding an
amendment to the Land Development Regulations (LDRs) Section 2.4.3(K}, Section 2.4.4{D}, Section
2.4.4(E), and Section 2.4.4{F), to provide for the extension of approved development applications and
associated extension request fees pursuant to LDR Section 2.4.5{M).
Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made
until a recommendation is obtained from the Planning and Zoning Board.
- - ;W
The subject amendments clarify the approval periods for Class I-V site development plans, site plan
modifications, and conditional use requests. The amendments also establish approval periods far all
Certificates of Appropriateness including modifications of previously unestablished Certificate of
Appropriateness. Currently, Certificates of Appropriateness and Site Plan Modifications do not have a
stipulated expiration date in the LDRs.
The amendment also establishes a fee schedule for all extension requests which is similar to other fee
categories and is approximately half the initial application fee.
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, C?bjectives, and Policies of the
Comprehensive Plan. While the amendment does not specifically further the Goals, C}bjeetives, and
rPolicies of the Comprehensive Plan, it is not inconsistent with them.
l ., _ - ..
_ _.... _.. ..._.......' ...:...~.~~CQMMENDEDa~-G~T{~N
Move a recommendation of approval to the City Commission of the amendments to the Land
Development Regulations {LDRs) associated with Qrdinance 3$-08 by adopting the findings of fact and
law contained in the staff report and finding that the request is consistent with the Comprehensive Plan.
Repor# Prepared By: Amy E. Alvarez, Nisforic Preservafian Planner
Atfachmenf: C)rdlnance 38-08
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THIS IS A Gt3RRECTION TO THE NOTIGL
THAT WAS PUBLISHED aN
TUESDAY, SEPTEMBER 9, 2008
REGARDING ClRDINANGE N{}. 38.08
CITY OF DELRA~Y BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT
REGULATIONS TO PROVIDE
FOR THE EXPIRATION AND
EXTENSION OF TIDE FOR
CLASS I-V SITE PLAN
MODIFICATIONS AND
CERTIFICATE OF
APPROPRIATENESS
The City Commission of the City of -etray Beach, Florida, proposes to adopt the
following ordinance:
ORDI 8-0S
AN ORDINANCE OF THE CITY COMMISSION OF THE G1TY OF DELRAY BEACH,
FLORIDA,AMENDING THE LAND pEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.4,3, 'SUBMISSION
REQUIREMENTS', SUBSEGTION (K), "FEES", tN ORDER TO PROVIDE FEES
FOR EXTENSION REQUESTS; AMENptNG SECTION 2.4.4.. "GENERAL
PROCEDURES PERTAINING TOAPPROVAL qF LAND USE AND DEVELOPMENT
APPLECATtONS", SUBSECTIONS (D), `ESTABLISHMENT OF PROJECT
APPROVALS', {E}, 'EXPIRATION OF APPROVALS°, AND (Fj, "EXTENSIONS°, TO
PROVIDE FOR THE EXPIRATION AND E}CTENSION OF TIME FOR GLASS l - V
SITE PLAN MODIFICATIONS AND CERTIFICATE OF APPROPRIATENESS;
PROVIptNG A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
The Gity Commission will conduct two {2) PutNic Hearings itz' the purpose of
accepting public #estimony regarding the proposed ordinance. The first Public bearing
will be held on W~DNE~pAY SEPTEMBIF~ 2!308 AT 7•Pti PM in the Commission
Chambers at City Hali, i00 N.W. 1st Avenue, Daisy Bead, Florida If the prapased
ordinance is passed on firs# reading, a second Public Nearing will be held an
TUESDAK SEPTEMBERIG X606 AF ;.110 P.M. (ar at any continuation of such
meeting which is set by ththe Camn sslon} in the Gommission Ghambers at City Halt,
100 N.W. 1st Avenue, Delray Beach, Florida.
All interesked cili~ens are invited to attend the putrGc hearings and aommant upon the
proposed ordinance or submit theircomments in writing on or before the date of these
hearings to the Planning and Zoning Depargnent. For further infam~tian or to obtain
a copy of the proposed ordinance, please contact the Planning and Zoning
pepartmettt, City Hatl, 100 N.W. 1st Avenues Delray Heath, Florida 33444 {emait aE
pzmail a~mydelrayheach.com) or6y calCng 561!243-7tk10}, between the hours of B iX}
a.m. and 5:00 p.m., Monday through Friday, exduding holidays.
Please be advised that H a person decides to appeal any decision made by the Cily
Commission with respect to any matter ~n.'iared at these hearings, such person
may need to ensure that a verbatim record inr ~ the testimony and evidence upon
which the appeat is to ba hosed. The City do .;not provide not prepare such record
pursuant to F.5.288.0f 05.
GfTY C}F DELRAY BEACH
Chevelte D. Nubin, CMC
City Clerk
PUBLISH: Tuesday, August 26, 2008
Tuesday, Sepfemtter g, 2008
Thursday, September 11, 2008
Boca Ratonlpelray Beach News
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CITY ~F DELRAY BEACH
NUTICE C}F PR{~POSED
AMENDMENT TC3 THE LAND
DEVELt~PMENT
REGULATIt~NS TQ PROVIDE
FC}R E~TENSI{~NS ~}F TIDE
AND FEES FC~R
CERTIFICATES {~F
APPROPRIATENESS
The City Commission of the City of Delray Beach, Florida, proposes to
adopt the fo{(owing ordinance:
ORDINANCE NO.38~08
AN ORDINANCE OF THE CITY COMMISSION OF 7HE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 2.4.3, `SUBMISSION REQUIREMENTS',
SUBSECTION {K}, "FEES", IN ORDER TO PROVIDE FEES FOR
EXTENSION REQUESTS; AC,9ENDtNG SECTION 2.4.4, "GENERAL
PROCEDURES PERTA3NING TO APPROVAL OF LAND USE AND
DEVELOPMENT .APPLtCATlONS`, SUBSECTIONS {D};
"ESTABLISHMENT OF PROJECT APPROVALS°, {E}, "EXP,IRATION OF
APPROVALS`, AND {F}, `EXTENStONS'. TO PROVIDE FOR
EXTENSIONS OF TIME FOR CERTIFICATES OF APPROPRIATENESS;
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 vrill be held on WEDNESDAY, SEPTEMBER 3, 2008 Al'
7:OQ p.Pll. in the Commission Chambers at City HaII, 100 N.W. 1stAvenue:
Delray Beach, Florida. If the proposed ordinance is passed an first
reading, a second Public Hearing tiviil be held or, TUESDAY SEPTEMBER
1 B. 2008 AT 7:00 P.t4r€. {or at any continuation of such meeting which is set
by the Commission} in the Commission Chambers al City Hall, 100 N,W.
1st Avenue, Delray Beach, Florida:
Atl interested citizens are invited to attend the public hearings and
comment upon the proposed ordinance or submit their comments in writing
an or before the date of fhese hearings to the Planning and Zoning
Department. For further information or fa obtain a copy of the proposed
ordinance, please contact the Planning and Zoning Department; City Hall,
100 N.W. 1st Avenue, Delray Beach, Florida 33444 {email of
pzmail~mydefraybeach.eom} or by calling 56 11243-1040}, 6etvreen fhe
ha+ars of 8:00 a.m. and 5'00 p.m., PAanday through Friday, excluding
holidays.
Please tae advised that if a person decides to appeal any decision made by
the City Commission with respect to arty matter considered at these
hearings, srrch person may need to ensure that a verbatim record includes
the testimony and evidence upon wvhich fhe appeal is to be based. The City
does not provide nor prepare such record pursuant to F.S. 286.Oi05.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
PUBLISH Tuesday, August 213, 2008
Tuesday, September 9 2008
Boca RatonlDelray Beach News
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CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS TO PROVIDE FOR THE EXPIRATION AND EXTENSION OF TIME
FOR CLASS I-V SITE PLAN MODIFICATIONS AND CERTIFICATE OF
APPROPRIATENESS
The City Commission of the City of Delray Beach, Florida, proposes to adopt the following
ordinance:
ORDINANCE N0.38-0$
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACFI,
FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2.4.3, "SUBMISSION
REQUIREMENTS", SLiBSECTION (K), "FEES", IN ORDER TO PROVIDE FEES FOR
EXTENSION REQUESTS; AMENDING SECTION 2.4.4, "GENERAL PROCEDURES
PERTAI7~TING TO APPROVAL C}F LAND USE AND DEVELOPMENT APPLICATIONS",
SUBSECTIONS (D), "ESTABLIS~ENT OF PROJECT APPROVALS", (E}, "EXPIl2ATION
OF APPROVALS", AND (F), "EXTENSIONS", TO PROVIDE FOR THE EXPIRATION AND
EXTENSION OF TIME FOR CLASS I - V SITE PLAN MODIFICATIONS AND
CERTIFICATE OF APPROPRIATENESS; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two {2) Public Hearings far the purpose of accepting public
testimony regarding the proposed ordinance. The first Public Hearing will be held on
WEDNESDAY, SEPTEMBER 3, 2008 AT '7:40 P.M. in the Commission Chambers at City
hall, 100 N.W. 1 ~~ Avenue, Delray Beach, Florida. If the proposed ordinance is passed an first
reading, a second Public Hearing will be held an TUESDAY, SEPTEMBER 1 b, 240$ AT '7;00
P.M. (ar at any continuation of such meeting which is set by the Commission) in the
Commission Chambers at City Hall, 100 N.W. ls` Avenue, Delray Beach, Florida.
All interested citizens are invited to attend the public hearings and comment upon the proposed
ordinance or submit their comments in writing an or before the date of these hearings to the
Planning and ZoningDepartment. For further information ar to obtain a copy of the proposed
ordinance, please contact the Planning and Zoning Department, City Hall, 100 N.W. 1$t Avenue,
Delray Beach, Florida 33444 {email at pzmail(a,m d~ybeach.com) or by calling 5611243-
'7040), between the hours of 8:40 a.m, and 5:00 p.m., Monday through Friday, excluding
holidays.
Please be advised that if a person decides to appeal any decision made by the City Commission
with respect to any matter considered at these hearings, such person may need to ensure that a
verbatim record includes the testimony and evidence upon which the appeal is to be based. The
City does not provide nor prepare such record pursuant to F.S. 28b.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
PUBLISH: Tuesday, August 26, 200$
Tuesday, September 9, 2008
IIYSTRUCTIQNS TO THE I~iEWSPAPER: This ad is nvt to be placed in the legal
ads/classified section. of the newspaper. It must be at least two standard columns wide and ten
inches long. The entire headline mnst be an 1$ point bold headline. Thank you.
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The City Commission of the City of Delray Beach; F?orida, proposes to
adapt the following ordinance:
Q I NGE NO, 3818
AN ORGtNANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH: FLORIDA; BY
AMENDING SECTION 2.4.3.- "SUBMISSION REQUIREt41ENTS',
SUBSECTION ~K); "FEES"; iN ORDER TO PRO'trIDE FEES FOR
EKTENSION REQUESTS; AMENDING SECTION 2.4.4; `GENERAL
PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND
DEVELOPMENT APPLICATIONS", SUBSECTIONS (D}:
"ESTABLISHMENT OF PROJECT APPROVALS°, (E}, °EXPiRATION OF
APPROVALS", AND (F}, °EXTENSIONS", TO PROVIDE FOR
EXTENSIONS OF TIME FOR CERTIFICATES OF APPROPRIATENESS;
PROV1DtNG A SAVING CLAUSE,A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
The City Commission wi8 conduct two {2} Public Hearings far the purpose
of a;.cepting public testimony regarding U7e proposed ordinance. The first
Public Hearing witl be held on NtEDNES[}AY SEPTEMBER 3 20U$ AT
7.00 PM, in the Commission Chambers at City Hail, iG0 N.W. 1 st Avenue,
Delray Beach, Florida. if the proposed ordinance is passed on first
reading, a second Public Hearing wilt be held an Tt1ESl]AY, SEPTEMBER
16, 20Q8 AT 7:Q0 P.M. {or at any continuation of such meeting which is set
by the Commission} in the Commission Chambers at City Hali, 10C N,NJ.
1 st Avenue, Delray Beach, Florida.
Ait interested citizens are invited to attend the public hearings and
can;ment upon the proposed ordinance ar submit their comments fi writing
on or be€ore the date of these hearings Ea 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 Hali,
100 N.W. 1st Avenue,. Delray Beach, Florida 33444 (email at
pzmail~mydelraybeach.com} ar by calling 5;}11243-%040}, between the
hours of 8:00 a.m. and 5:00 p.m., tvlanday througt; Friday, excluding
holidays.
.Please be advised that it a persr?n decides Eo appeal any decision made by
Ehe City Commission with respect to any matter considered aE 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 F.S. 286.0105.
C3TY OF DELRAY BEACH
Chevelle D. Nubin, CMC
City Clerk
PUBLISH: Tuesday,August 26, 2008
Tuesday September 9, 2008
Baca Raton?Delray Beach Nemrs