Ord 56-08ORDINANCE NO. 56-08
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 2.4.3, "SUBMISSION
REQUIREMENTS", SUBSECTION (K}, "FEES", SUB-SUBSECTION
(1}, "DEVELOPMENT APPLICATIONS", IN ORDER TO PROVIDE
FEES FOR REQUESTS FOR A CHANGE OF HISTORIC
DESIGNATION OR CLASSIFICATION, AND AD VARLOREM TAX
E~:EMPTION APPLICATIONS; 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 December 8, 2008 and voted 6 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 1G3.3174(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; 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 Requirements", Subsection (K}, "Fees", Sub-
subsection (1}, "Development Applications" of the Land Development Regulations of the Code of
Ordinances, be and the same is hereby amended to read as follows:
(1} Develo~rnent AA~lications: The following fees shall be charged for development applications. All
fees are cumulative and separate unless otherwise indicated, Combined applications shall provide multiple fees,
(a} Comprehensive Plan Amendment $ 2,500
(b} Review of a ADA f DRI $ 3,640
Modification of a DRI $ 1,215
{c) Voluntary Annexation with Zoning $ 1,105 {4)
{d} Rezoning of Land $ 2,000
{e} Modification of a SAD Ordinance to add a use or uses $ 2,000
{f) Conditional Uses, New Application $ 1,500
Modification requiring Board Review $ 610
{g} Master Plans $ 1,215 {1}
Master Plan Modification {5)
{h) Formal review of a Sketch Plan [Section 2.4.1 {B}] $ 610
{i) Similarity of Use $ 305
{j) Site Plan Review:
Class I (Non-Impacting Modification) $ 110
Class II {Non-Impacting with Board Review) $ 225
Class III {TViinor Modification) $ 550 {1)
Class IV {~vlajor Modification) $ 915 {1}
Class V {New Submission) $ 1,215 {1)
{k) Extension requests far a previous conditional use
or site plan approval {12)
Class I Site Plan Modification $ 55
Class II Site Plan Modification $ 115
Class III Site Plan Modification $ 275
Class IV Site Plan Modification $ 430
Class V Site Plan $ 610
Conditional Use $ 750
Conditional Use Modification $ 305
Certificate of Appropriateness for Minor Development $ 30
Certificate of Appropriateness far Major Development $ 280
(1} Plats
Minor Subdivision $ 915 {1}
Major Subdivision $ 1,$25 {1)
Plat Recording Fee {3)
{m} Abandonments
Right-of--way $ 750
CTeneral Easements $ 370
2 DRD. NC). 56-08
Specific Easements $ 185
(n) Master Sign Program $ 150
(o) Variances
Board of Adjustment $ 500
Historic Preservation Board $ 250
{p) Formal interpretation by the Board of Adjustment $ 60
{per item} $ 60
(q) Certificate of Appropriateness by Board (14}
Minor Development $ 60 {2)
Major Development $ 555 (1}
(r) Certificate of Appropriateness by Staff $ 0 (13)
(s} Request for Historic Designation $ 60 {,per pro~erty~.
Request for Change of Historic Designation
or Classification ~ 60 ( per pro~ert~
(t) Hearing before the Board of Adjustment
{per item)
(u) Temporary Use Request involving City Commission
Action
(v} Water Service Agreement Request
- - without concurrent site plan
- - with concurrent site plan
(w) Land Development Regulations Text Change
(x) Waivers and Internal Adjustments
(y) Appeals by Applicant
(z) Advertising
{aa} Zoning Verification Letter
(bb) Single Family Overlay District Site Plan Review
$ 60
$ 60
$ 130
$ 130
$ 0
$ 1,500
$ 130 per request (6)
$ 250 per request ('7)
$ 335 (8)
(~)
$ 120
$ 1,460 (1)
3 ORD. NO. 56-08
(cc} Application Fee for In-Lieu Of and Public Parking Fee
Requests
225 {10}
{dd) Ad Valorem Tax Exemption $ 0
.{Review Concurrent with COA review
Ad Valorem Tax Exem,~tion $ 60
(Review after CO received for approved develapment~
Section 4. That should any section ar provision of this ordinance or any portion thereof, any
paragraph, sentence, ar 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 6. 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
___.~~ , 20Q4. ,
~~ ~~~
.~ I~t:7R.._
ATTEST
~.
City Clerk
First Readin l~ °r
Second Readin
MA3'OR
4 ORD. NO. 56-08
MEMC)F~ANDLTM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: December 29, 2448
SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF JANUARY 6, 2009
ORDINANCE NO.56-OS
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and public hearing to consider aCity-initiated
amendment to the Land Development Regulations (LDR} of the Cade of Ordinances, by amending
Section 2.4.3, "Submission Requirements", Subsection {K}, "Fees", Sub-subsection (1}, "Development
Applications", in order to provide fees for requests for a change ofhistoric designation or classification,
and ad valorem tax exemption applications.
BACKGROUND
At first reading on December 9, 2448, the Commission approved Ordinance No. 56-48.
RECOMMENDATION
Recommend approval of Ordinance l~lo. 56-0$ on second and final reading.
ORDINANCE NO. 56-08
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 2,4.3, "SUBMISSION
I~:EQUIREMENTS", SUBSECTION {I~}, "FEES", SUB-SUBSECTION
{1}, ``DEVELOPMENT APPLICATIONS°', IN ORDER TO PROVIDE
FEES FOR REQUESTS FOR A CF-IANGE OF HISTORIC
DESIGNATION OR CLASSIFICATION, AND AD VARLOREM TAX
E~:EMPTION APPLICATIONS; 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 December 8, 2008 and voted 6 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 determined that the change is consistent with and furthers the goals,
objectives and policies of the Comprehensive Plan; and
WHEF;EAS, 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 CO11~IIvIISSION 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 Requirements", Subsection {I~, "Fees", Sub-
subsection {1), "Development Applications" of the Land Development Regulations of the Code of
Ordinances, be and the same is hereby amended to read as follows:
{1}Development Applications: The following fees shall be charged for development applications. A11
fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees.
{a) Comprehensive Plan Amendment
$ 2,500
(b) Review of a ADAJDRI 3,640
Modification of a DRI 1,215
{c) Voluntary Annexation with Zoning $ 1,105 (4}
(d} Rezoning of Land $ 2,000
(e} Modification of a SAD Ordinance to add a use or uses $ • 2,000
{f} Conditional Uses, New Application $ 1,500
Modification requiring Baard Review $ 610
{g} Master Plans $ 1,215 (1)
Master Plan Modification (5)
{h} Formal review of a Sketch Plan [Section 2.4.1(B)] $ 610
(i) Similarity of Use $ 305
(j) Site Plan Review:
Class I (Non-Impacting Modification) $ 110
Class II tltilon-Impacting with Baard Review) $ 225
Class III (Minor Modification) $ 550 (1}
Class IV (Major Modification) $ 915 (1)
Class V {New Submission) $ 1,215 (1)
(k) Extension requests far a previous conditional use
or site plan approval (12)
Class I Site Plan Modification $ 55
Class II Site Plan Modification $ 115
Class III Site Plan Modification $ 275
Class IV Site Plan Modification $ 430
Class V Site Plan $ 610
Conditional Use $ 750
Conditional Use Modification $ 305
Certificate of Appropriateness for Minor Development $ 30
Certificate of Appropriateness for Major Development $ 280
(1) Plats ,
Minor Subdivision $ 915 (1)
Major Subdivision $ 1,825 (1)
Plat Recording Fee (3)
(m) Abandonments
Right-of--way $ 750
General Easements $ 370
2 ORD. NO. 56-08
Specific Easements $ 185
(n) Master Sign Program $ 150
(o) Variances
Board of Adjustment $ 500
Historic Preservation Board $ 250
(p) Formal interpretation by the Board of Adjustment $ 60
(per item) $ 60
(q) Certificate of Appropriateness by Board (14)
Minor Development $ 60 (2)
Major Development $ 555 (1)
(r) Certificate of Appropriateness by Staff $ 0 (13)
(s) Request for Historic Designation $ 60 (oer propertvl
Request for Change of Historic Designation
or Classification $ 60 ( per property)
(t) Hearing before the Board of Adjustment $ 60
(per item) $ 60
(u) Temporary Use Request involving City Commission $ 130
Action
(v) Water Service Agreement Request
- - without concurrent site plan
- - with concurrent site plan
(w) Land Development Regulations Text Change
(x) Waivers and Internal Adjustments
(y) Appeals by Applicant
(z) Advertising
(aa) Zoning Verification Letter
(bb) Single Family Overlay District Site Plan Review
$ 130
$ 0
$ 1,500
$ 130 per request (6)
$ 250 per request (7)
$ 335 (8)
(~)
$ 120
$ 1,460 (1)
3 ORD. NO. 56-08
(cc) Application Fee far In-Lieu {~f and Public Parking Fee ~ 225 {10)
Recluests
~dd~ Ad Valorem Tax Exemption ~ 0
Review Concurrent with COA reviewl
Ad Valorem Tax Exemption S 60
Review after CCU received for approved developm_ent~
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.
Section 5. That a]1 ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section f~. That this ordinance shall become effective immediately upon its passage on second and
final reading.
PASSED AND AZ}C-PTEL7 in regular session on second and final reading on this the day of
2008.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
4 ORD. NO. 56-08
~ i
T0: Mayor and City Commissioners
FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER
MARK MCDONNELL, AICP, ACTING DIRECTOR PLANNING AND ZON:[NG
THROUGH: City Manager
DATE: December 2, 2008
SUB'ECTt AGENDA ITEM j ~ A -REGULAR COMMISSION MEETING OF DECEMBER 9, 2048
ORDINANCE NO. 56-08
ITEM BEFORE COMMISSION
The item before the City Commission is aCity-initiated amendment to LDR Sections
2.4.3(x)(1) to provide for an application fee associated with the review of Ad Valorem Tax
Exemption Applications and Changes of Historic Designation andjor Classification, pursuant to
LDR Section 2.4.5(M).
BACKGROUN D
The subject amendments provide fees for two different application types: Ad Valorem Tax
Exemption, and Change of Historic Designation andjor Classification.
StafF is proposing that when Ad Valorem Tax Exemption Application are submitted
concurrently with a Certificate of Appropriateness (COA) that no additional fees be collected
far the review.' However, if an Ad Valorem Tax Exemption application is submitted during or
after completion of the improvements, a fee of $60 would be required.
The subject amendments also provide for a fee of $b0 per property associated with removal
from or expansion into a historic district and jor the change of historic classification
application types.
A complete summary of the changes is included in the attached Planning and Zoning Staff
report.
REVIEW BY OTHERS
The Historic Preservation Board (HPB) considered the subject amendments at their December
3, 2008 meeting, where they recommended approval by a vote of b-1.
The Planning and Zoning Board considered the subject amendments at their December 8,
2008 meeting. This recommendation will be available at the City Commission meeting.
http:J/miweb001/AgendaslBluesheet.aspx?ItemID=1731&MeetingID=158[12J29j2oo8 6:07:06 PM]
By motion, approve an first reading Ordinance Na. 56-08, by adopting
and law contained in the staff report and finding that the request i
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M} of th
Regulations.
the findings of fact
s consistent with the
e Land Development
http://miweb001/Agendas/Bluesheet.aspx?ItemIC}=1731&MeetingI(J=158[12/29/2008 6:47:Q6 PM]
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: DECEMBER 8, 2008
AGENDA NO: tN. J.~
ITEM: CITY INITIATED AMENDMENTS PERTAINING TO THE LAND
DEVELOPMENT REGULATIONS {LDR} SEC"PION 2.4.3, "SUBMISSION
REQUIREMENTS", SUBSECTION {K}, "FEES", SUB-SUBSECTION (1},
"DEVELOPMENT APPLICATIONS", IN ORDER TO PROVIDE FEE5 FOR
REQUESTS TO CHANGE HISTORIC DESIGNATION OR CLASSIFICATION
AND AD VALOREM TAX EXEMPTION APPLICATIONS.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission regarding City-
initiated amendments to LDR Sections 2.4.3{K}(1 } to provide for an application fee associated with the
review of Ad Valorem Tax Exemption Applications and Changes of Historic Designation andlor
Classification.
Pursuant to Section 1.1,6, an amendment to the text of the Land development Regulations may not
be made until a recommendation is obtained from the Planning and Zoning Board.
DESCRIPTION AND ANALYSIS
The subject amendments provide fees for two different application types: Ad Valorem Tax Exemption,
and Change of Historic Designation andlor Classification.
The Ad Valorem Tax Exemption application has been available since 1996, and may be submitted
before, during, or after the HPB approved improvements are constructed. Staff is proposing that when
applications are submitted concurrently with the initial Certificate of Appropriateness {CQA) that no
additional fees be collected for the review. However, if an Ad Valorem Tax Exemption application is
submitted during or after completion of the improvements, a fee of $60 would be required. The
difference between the two is that additional work and Staff Reports are required when the review is
not concurrent. This fee amount was established based an the amount required for a CC}A request for
alterations, as the work generated effort be comparable.
In September 2008, Ordinance 09-08 was adopted which provides a process and criteria for the
removal from or expansion into a historic district, and/ar the change of historic classification {i.e.
contributing to non-contributing). Therefore, the subject amendments provide for a fee of $60 per
property associated with the above noted application types. This fee amount was established based
an the existing $60 fee for an individual historic designation.
Pursuant to LDR Section 2.4.5{Ni}{5}, approval af.an LDR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and
Policies of the Comprehensive Pian, it is not inconsistent with them.
REVIEW BY OTHERS
The HPB reviewed the subject Ordinance at its December 3, 2008 meeting, where a recommendation
of approval was made.
Planning and Zoning Board Memorandum Staff Report December 8, 2008
Ordinance 56-08; HPB Application Review Fees
Page 2 of 2
ALTBRNATIVB~~AC710NS - ~--__~
A. Continue with direction.
B. Move a recommendation of approval to the Planning and Zoning Board of the amendments to the
Land Development Regulations {LDRs) associated with Ordinance 56-Q8 by adapting the findings
of fact and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan.
C. Move a recommendation of denial to the Planning and Zoning Board of the amendments to the
Land Development Regulations (LDRs} associated with ()rdinance 56-08 by adapting the findings
of fact and law contained in the staff report and finding that the request is inconsistent with the
Comprehensive Plan. (Motion to be ahrased in the affirmative, See above.)
<~"~RBCC}MMENDATttJN
IVlove a recommendation of approval to the Gity Commission of the amendments to the Land
Development Regulations (LDRs} associated with. ()rdinance 56-08 by adapting the findings of fact
and law contained in the staff report and finding that the request is consistent with the Comprehensive
Plan.
Prepared by: Amy E. Alvarez, Historic Preservation Planner
Attachments: Ordinance 56-08
~;~ ~, ~~ ~
r~
6A - coca Raton/Delray Beach News • Monday, December 22, 200$ ~ N~Tww.bocanewS.com
CITY DF DELRAY OEACH,FLORIDA
NOTICE OF PUOUC NEARING
A PUBLIC HEARING will be held on
the Ioiiaving pre°^s or. -once at
T:Uq p.m. on TUE )AY :.. ~,RY 6,
2009 (or et any ronttn._~ of suW
meeting which fs set by thel
Commission), in Iha Giry Commisspn'~.
Cbamb~s, 100 N.W. is1 Avenue, Oei~
ray Beach, Florida, at which time [fce
City Commission will consider its
adoption. The proposed ordinance
mey be inspects ak the Q6Ice M Iha
City CNrk at City Hatt, i00 N.W. 1sl
Avenue, Delraq Beach, Florida, be-
hvean Iho Hours of 8~0 a.m. and 5.90
p.m., Monday through Friday, axcdpt
holidays. All interested parties era in-
vih.M tv atidnd and be hoard with re-
spect fothe proposed ordinance.
ORDINANCE N0.66-08
AN ORDINANCE OF THE CITY GOM-
MISSiDN OF THE CITY GF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA-
TIO`t°, OF THE CODE OF ORDI-.
;5, 0Y AMENDING $EGTION
2.":.,t, "SUBMISSION REOUIR6
MENT$°, SUBSECTION (K), "FEES,
SU0-SU0SEG7ION (t), .
"DEVELOPMENT APPLICATIONS",
IN ORDER TO PROVIDE FEES FOR
REQUESTS FOfl A CHANGE OF HIS-
.. TOR{G DESIGNATION OR CIAS-
''.5lFIGATION, AND AD VALOREM
'.. TAX EXEtdPT10N APPLICATIONS;''..
PROVIDIND A SAVING CLAUSE, A''
GENERAL REPEALER CLAUSE,)
AND AN EFFECTIVE DATE.
Please 6e etlvisetl mat "- ~. ;on de~
cldas to appal . { made 6y
She Cily Commiss~an w ~. reapact io
any mauer eonsideeed ar the : hear-
ings, s~roh person may need to ensure
that a verhatim recortl includes the
;estimoay and evidence upon which
the appeal is io be oared. The Ciiy
tloes not p+ov;de nor prepare such
record pinsuant to FS.2860?05.
CITY DF OELAAY 6EACti
Clkva7a D. hUtAq CMC
City Clerk
Publish; Monday, December 2?, 2W6
@ow RatwtNNray Beach News