Ord 25-04ORDINANCE NO. 25-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
SUBSECTION 2.2.3(B), "COMPOSITION AND SPECIAL QUALIFICATIONS"
AND SUBSECTION 2.2.6(B), "COMPOSITION AND SPECIAL
QUALIFICATIONS"; PROVIDING A REPEALER CLAUSE;
PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, it is in the best interest of the City to retain qualified applicants for its various
land development boards; and
WHEREAS, the Commission realizes that members of its various boards need to appear in
front of their respective boards from time to time as their business requires that they seek approval
from these boards; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on April 19, 2004, and voted 4 to 1 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
WHEREAS, Current board members that meet these qualifications shall assume one of the
five designated seats. If there are more than five members that currently meet the qualifications
then the most senior members shall assume one of the five designated seats.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2.2.3, "The Site Plan Review and Appearance Board," Subsection
2.2.3(B), "Composition", 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:
Section 2.2.3 The Site Plan Review and Appearance Board
(B) Composition and Special Oualification.q:
(9
members.
The Site Plan Review and Appearance Board shall consist of seven regular
~ ........... c[v~] c~.~'~cc.z, Each of five seats on the board must be filled with either an
architect, landscape architect, realtor/real estate broker, civil engineer, general contractor,
sign contractor, land planner or interior designer. The rern~inlnS two seats shall be at large.
The appointing body shall endeavor to appoint as m~ny disciplines as possible to the board
Section 2. That Section 2.2.6, "The Historic Preservation Board," Subsection 2.2.6(B),
"Composition and Special Qualifications", 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:
Section 2.2.6 The Historic Preservation Board
(B) Composition and Special O,mlifications:
(1) The Historic Preservation Board shall consist of seven members.
(2) ~_ .L ~ F?iT P?
be ~ed with d~er an ~c~tect. ~ndscape arc~tect, realtor/real es~te broker, ci~ en~eer
general con,actor. ~c~tec~al ~sto~n. prese~afio~st, land planner or ~tefior desirer.
The appo~g body sha~ endeavor to appo~t as many ~sdp~es as possible to ~e board.
Lay persons of ~owledge, expehence and jud~ent who have an ~terest ~ ~stohc
prese~afion sha~ make up ~e balance of ~e Board. Preference shoed be ~ven to
profession~ and hy persons who own prope~ wi~ ~stofic ~smcts or whose properW is
~vid~y hsted ~ ~e ~cal Re,stet of Histohc Phces.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
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 derision shall not operate to invalidate the remainder hereof.
2 ORD NO. 25-04
Section 5. That this ordinance shall become effective immediately upon passage.
PASSE~_ND ADOPTED in regular session on second and final reading on this the
day o(-~ff,/~g4~t~ ,2004.
(JC/ MAYOU
A'ITEST:
City Clerk
First Reading~~d~.~
Second
3 ORE) NO. 25-04
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # ~ {~{~ - REGULAR MEETING OF MAY 18. 2004
ORDINANCE NO. 25-04 (.AMENDING LDR SECTIONS 2.2.3(B) AND
2.z.6 )
DATE: MAY 14, 2004
This ordinance is before Commission for second reading and public hearing to amend Land
Development Regulations (LDR) Sections 2.2.3(B) and 2.2.6(B) regarding the composition and special
qualifications for the Site Plan Review and Appearance Board and the Historic Preservation Board.
This LDR amendment is b(mg processed to ensure adequate representation by members with a
discipline determined to be critical to the conduct of the Board's business. Members of various
boards need to appear in front of their respective boards from time to time, as their business requires
that they seek approval from these boards. If these members are unable to present or represent their
items, it will be difficult to retain qualified applicants for the City's various land development boards.
However, if there is a requirement for a board member to have a certain backgxound and experience,
those members appointed to meet that requirement are exempted per State Statutes and thus, the
potential conflict is removed. Current Board members that meet these qualifications shall assume one
of the five designated seats. If there are more than five members that currently meet the
qualifications, then the most senior members shall assume one of the five designated seats.
The Planning and Zoning Board held a public hearing regarding this item. There was no public
testimony. After reviewing this amendment, the Board voted 4-1 to recommend to the City
Commission approval of the proposed amendment, based upon positive findings with respect to
LDR Section 2.4.5(M).
At the first reading on May 4, 2004, the City Commission passed the Ordinance No. 25-04.
Recommend approval of Ordinance No. 25-04 on second and final reading.
TO:
THRU:
FROM:
SUBJECT:
JEFFREY A. COSTELLO, ASSIST~/~~ 'G~DIRECTOR~
MEETING OF MAY 4, 2004
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTIONS 2.2.3(B)
AND 2.2.6(B) REGARDING THE COMPOSITION AND SPECIAL QUALIFICATIONS
FOR THE SITE PLAN REVIEW AND APPEARANCE BOARD AND THE HISTORIC
PRESERVATION BOARD.
This LDR amendment is being processed to ensure adequate representation by members with a
discipline determined to be critical to the conduct of the Board's business. Members of various boards
need to appear in front of their respective boards from time to time, as their business requires that they
seek approval from these boards. It appears that there may be a conflict with board members
representing their items before the board they currently serve on. If these members are unable to
present or represent their items, it will be difficult to retain qualified applicants for the City's various land
development boards. However, if there is a requirement for a board member to have a certain
background and experience, those members appointed to meet that requirement are exempted per
State Statutes and thus, the potential conflict removed. Current board members that meet these
qualifications shall assume one of the five designated seats. If there are more than five members that
currently meet the qualifications, then the most senior members shall assume one of the five
designated seats. The specific changes are provided in the attached ordinance.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and
Policies of the Comprehensive Plan, it is not inconsistent with them.
PlanninR and Zonin.q Board: The Planning and Zoning Board held a public hearing regarding this
item at its meeting of a April 19, 2004. There was no public testimony regarding the amendment. After
discussing the amendment, the Board voted 4-1 (Peltzie dissenting, Borchardt & Pike absent) to
recommend to the City Commission approval of the proposed amendment, based upon positive
findings with LDR Section 2.4.5(M). Mr. Peltzie felt the Board make-up should include more lay
persons. Given the duties of HPB and SPRAB, the balance of the Board supported the proposed
amendment.
Historic Preservation Board At its meeting of April 21, 2004, the HPB voted 5 to 1 (Schatz
dissenting, Miller absent) to recommend approval of the LDR amendment. Ms. Schatz did not feel it
was appropriate for Board members to present their items to the Board.
Site Plan Review and Appearance Board: At its meeting of April 28, 2004, the SPRAB unanimously
recommended approval of the amendment. However, the Board expressed concerns with the lack of
lay persons.
By motion, approve on first reading the ordinance amending amendment to LDR Sections 2.2.3(B)(2)
and 2.2.6(B)(2), based upon positive findings with respect to LDR Section 2.4.5 (M) and set a public
hearing date of May 18, 2004.
ORDINANCE NO. 25-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING
SUBSECTION 2.2.3(B), "COMPOSITION AND SPECIAL QUALIFICATIONS"
AND SUBSECTION 2.2.6(B), "COMPOSITION AND SPECIAL
QUALIFICATIONS"; PROVIDING A REPEALER CLAUSE; PROVIDING
A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is in the best interest of the City to retain qualified applicants for its
various land development boards; and
WHEREAS, the Commission realizes that members of its various boards need to
appear in front of their respective boards from time to time as their business requires that
they seek approval from these boards; and
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed
the proposed text amendment at a public hearing held on April 19, 2004, and voted 4 to 1 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
WHEREAS, Current board members that meet these qualifications shall assume one
of the five designated seats. If there are more than five members that currently meet the
qualifications then the most senior members shall assume one of the five designated seats.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2.2.3, "The Site Plan Review and Appearance Board,"
Subsection 2.2.3(B), "Composition", 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:
Section 2.2.3 The Site Plan Review and Appearance Board
(B) Composition and Special Qualifications:
(1) The Site Plan Review and Appearance Board shall consist of seven
regular members.
~ .................... = ....... Each of five seats on the board must be filled with either
an architect, landscape architect, realtor/real estate broker, civil enqineer, .qeneral
contractor, sign contractor, land planner or intedor desiqner. The remaining two seats
shall be at large. The appointing body shall endeavor to appoint as many disciplines
as possible to the board.
Section 2. That Section 2.2.6, "The Historic Preservation Board," Subsection 2.2.6(B),
"Composition and Special Qualifications", 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:
Section 2.2.6 The Historic Preservation Board
(B) Composition and Special Qualifications:
(1) The Historic Preservation Board shall consist of seven members.
.., ,,+, ,,.,, ....... h,, Each of five
seats on the board must be filled with either an architect, landscape architect,
realtodreal estate broker, civil enqineer, general contractor, architectural historian,
preservationist, land planner or interior designer. The appointinq body shall endeavor
to appoint as many disciplines as possible to the board. Lay persons of knowledge,
experience and judgment who have an interest in historic preservation shall make up
the balance of the Board. Preference should be given to professional and lay persons
who own property within historic districts or whose property is individually listed in the
Local Register of Historic Places.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
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 operate to invalidate the remainder hereof.
Section 5. That this ordinance shall become effective immediately upon passage.
PASSED AND ADOPTED in regular session on second and final reading on this the
__ day of 2004.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
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