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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: , ' • l~rit~g--tits , .. , x .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. l ~-- ~ 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 d E 0 c? a~ c xa 0 Go O ra N .-+ m r~ °% n a~ cn m t- N 3 Z c,a co- m ~, ro iu ~. c 0 rr R U O ib 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 Q 0 0 c1 o~ ar n a c a~ } T ~, m h z a c~ 0 c x E: 0 v 3 v U 0 n 3 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 l°~' ~~ i~~ ~~ ~~`~~ ~~ ~ . ~~~ ~ ~~~ ~ ~~~ ~~ ~v~ ~~ ~~ r 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. Q E a V O O O N N N in UQ 'rs cu c a -a 3 m a m ro n~ 0 ro c~ a m 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