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Ord 08-09ORDINANCE NO. 08-09 AN ORDINANCE 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(K), "FEES", SUBSECTION (1), "DEVELOPMENT APPLICATIONS", TO PROVIDE FOR AN INCREASE IN THE APPLICATION PROCESSING FEE FOR SINGLE FAMII.Y OVERLAY DISTRICT SITE PLAN REVIEW APPLICATIONS AND THE RENAMING OF THE OVERLAY DISTRICT; 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 January 26, 2009, 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 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(K), "Fees", Subsection (1), "Development Applications", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (K) 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 Applications: 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/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 Q) Site Plan Review: Class I (Non-Impacting Modification) $ 110 Class II (Non-Impacting with Board Review) $ 225 Class III (Minor Modification) $ 550 (1) Class IV (Major Modification) $ 915 (1) Class V (New Submission) $ 1,215 (1) (k) Extension requests for 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 (I) Plats Minor Subdivision $ 915 (1) Major Subdivision $ 1,825 (1) Plat Recording Fee (3) 2 ORD. NO. 08-09 (m) Abandonments Right-of-way $ 750 General Easements $ 370 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 property) 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 $ 130 $ 0 $ 1, 500 $ 130 per request (6) $ 250 per request (7) $ 335 (8) (9) 3 ORD. NO. 08-09 (aa) Zoning Verification Letter $ 120 (bb) $ ~~ (1) North Beach/Seagate and Ocean Neighborhood Overlay 1,560 District Review (cc) Application Fee for In-Lieu Of and Public Parking Fee $ 225 (10) Requests (dd) Ad Valorem Tax Exemption (Review Concurrent with COA Review) $ 0 Ad Valorem Tax Exemption (Review after CO received for approved development) $ 60 NOTES: (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. (3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from time to time by Palm Beach County, payable to Palm Beach County. (4) Fee may be waived by the City Manager, for properties that have already been developed, or for sites under one (1) acre in size. (5) Same fee that would apply for site plan modification. (6) For requests made during the site plan /master plan review process. (7) For requests made subsequent to the site plan /master plan review process. (8) Includes appeals of both administrative decisions and Board actions. (9) The Applicant shall be responsible for all advertising fees including newspaper publications. The applicant shall provide pre-addressed envelopes with the required postage for mailed notices. If the required advertising fees are not paid at least four days (4) prior to the hearing, the presiding body, shall postpone action on the application until such fees are paid. In the event such postponement results in additional mailing or publication costs, the applicant shall be responsible for the additional fees. (10) If approved, this fee will be credited toward the associated site plan modification. (11) Recording fees of any documents shall be paid by the Applicant. (12) Two fees are required if both a Conditional Use and Site Plan or Site Plan Modification are being extended for one project. (13) There is no fee if the item is listed as an application permitted for Staff approval. (14) Certificates of Appropriateness not associated with a Site Plan, Site Plan Modification, and/or Conditional Use. Section 4. That should any section or provision of this ordinance or any portion thereof, 4 ORD. N0.08-09 (13) There is no fee if the item is listed as an application permitted for Staff approval. (14) Certificates of Appropriateness not associated with a Site Plan, Site Plan Modification, and/or Conditional Use. 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 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. P S ED AND ADOPTED in regular session on second and final reading on this the ~~ day of , 2009. J ~ ' ~~ MAYOR ATTEST ~.._.1~.~.N City Clerk First Reading 3 0~ Second Reading ~~ o~~ 5 ORD. NO. 08-09 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 4, 2009 SUBJECT: AGENDA ITEM 10 C -REGULAR COMMISSION MEETING OF FEBRUARY 17, 2009 ORDINANCE N0.08-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for a City initiated amendment to the Land Development Regulations (LDR) Section 2.4.3(K)(1)(bb), "Single Family Overlay District Site Plan Review", to increase the application processing fee for Single Family Overlay District Site Plan Review Applications and associated renaming to North Beach/Seagate and Ocean Neighborhood Overlay District Review. BACKGROUND At the first reading on February 3, 2009, the Commission passed Ordinance No. 08-09. RECOMMENDATION Recommend approval of Ordinance No. 08-09 on second and final reading. MEMCIRANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING TTIROUGH: CITY MANAGER DATE: January 29, 2009 SUBJEC'T'; AGENDA ITEM 12 A -REGULAR COMMISSION MEETING OF FEBRUARY 3 2009 ORDINANCE N0.08-09 ITEM BEFORE COMMISSION The item before the Board is that of approval of an amendment the Land Development Regulations to provide for a one hundred dollar ($100} increase in the application processing fee for Single Family Overlay District Site Plan Review applications and change the name to North BeachlSeagate and Ocean Neighborhood Overlay District Review. BACKGROUNI? The proposed amendments are to Section 2.4.3{K}(1}(bb} fee schedule, to note the new fee of one thausand five hundred sixty dollars {$1,560} and modify the fee category to "North Beach/Seagate and Ocean Neighborhood Overlay District Review". This change is necessary in order to maintain consistency with the renewed contract agreement fee charged by Urban Design Kilday Studios while the name change is to maintain consistency with the development application reference. REVIEW BY OTHERS On January 26, 2009, the Planning and Zoning Board unanimously recommended approval and adopted the findings of fact and law contained in the staff report and found that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M}{5} of the Land Development Regulations. RECOMMENDATION By motion, approve an first reading Ordinance No. 08-09, amending Land Development Regulations (LDR} Section 2.4.3(K}{1}(bb}, to increase the application processing fee for Single Family Overlay District Site Plan Review applications and change the name to "North Beach/Seagate and Ocean Neighborhood Overlay District Review", with second reading and adoption to occur an February 1 ~, 2009. '_~ RT AGENDA NO: 111. C. AGENDA ITEM: CONSIDERATION OF AN AMENDMENT TO LANI} DEVELOPMENT REGULATIONS SECTION 2.4.3{K}{9}{bb} TO INCREASE THE APPLICATION PROCESSING FEE FOR SINGLE FAMILY OVERLAY DISTRICT SITE PLAN REVIEW APPLICATIONS AND ASSOCIATED RENAMING TO NORTH BEACHISEAGATE AND OCEAN NEIGHBORHOOD OVERLAY DISTRICT REVIEW; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -- ~. ..~= . ~. ~'~. t'ifERl1'BEFORE TF1~E~~`OA~~ ~~ ~.~ -, ~. .z-, The item before the Board is that of making a recommendation to the Gity Gorrimission regarding a City-initiated amendment to Land Development Regulations {LDRs) Section 2,4,3(K}{1 }{bb}. This section references the application processing fee for projects located within the North BeachlSeagate and Ocean Neighborhood Overlay Districts. The proposed changes include increasing the site plan development review fee from $1460 to $15~r0 to accommodate a $100 increase in the Urban Design Kilday Studios compliance review for compatibility with the Beach Property Owners Design Manual. In addition, the associated LDR tent reference will be renamed from "Single Family Overlay District Site Plan Review" to "North BeachlSeagate and Ocean Neighborhood Overlay District Review" for consistency with the development application. Pursuant to Section 1.1.6(A), 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. _ ~ -~~ACROU i'~=A~1DJ_~--IVAL~`l~'S~_S.....-.-w~~_ ~~- ~ - - On October 14, 2008, Urban Design Studios (UDS} and Kilday & Associates, bath of West Palm Beach, Florida, merged to create Urban Design IClday Studios (UDKS}. The annual renewal of the contract agreement with the new "Urban Design Kilday Studios" includes a $100 increase in their Beach Property Owners Design Manual compliance review which was previously $850. Although the entire $9560 fee is co8ected by the City, $980 is directly passed through to Urban Design Kilday Studios {UDKS} and the City retains the additional $610 in fees far their internal review ($610 City ~- $950 UDKS= $9560}. The proposed amendments are fa Section 2.4.3(K}{1}{bb), fee schedule to Hate the new fee of $1560 and modify the fee category to "North Beach/Seagate and Ocean Neighbarfioad Oveday District Review". Pursuant to LDR Section 2,4.5{M}{5), approval of any 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. MEE-rING DATE: JANUARY 26, 20119 Planning and ZorNing Board Memorandum Staff Report - ~lanuary 26, 20t}9 . LDR Text Amendment Increasing Beach Overlay District Application Review Fees a - , ~ ~'~ ~ - ,~ ~ `.~~ SENT AN4~--C~NCLl1S13~ 1 `=='~'_ .rte-.;,:= ~:.~.,~;~:-~ .~. _ _:~~ ~~~~ .,_. _ _z _ ..__~ ........:~.,,....~ ~r.. The purpose of this City-initiated LDR text amendment is to increase the development review fee associated with projects located within the North Beach/Seagate and Ocean Neighborhood Overlay Districts. This change is necessary in order to maintain consistency with the renewed contract agreement fees changed by Urban Design Kilday Studios, As noted in this staff report, findings are consistent with LDR Section 2.4.5(M}(5} and the Comprehensive Plan. :..~- ,~ , By motion, recommend to the City Commission approval of this amendment to the Land Development Regulations Section 2.4.3(K)(1){bb}, regarding an increase to single family development review fees and reference to the North Beach/Seagate and Ocean Neighborhood Overlay Districts, by adopting the findings of fact and !aw 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}{5} of the Land Development Regulations. ~ittachment: L?taff Clydinance 2 ORDINANCE NO. 08-09 AN ORDINANCE 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(x), "FEES", SUBSECTION {1), "DEVELOPMENT APPLICATIONS", TO PROVIDEFOR AN INCREASE III THE APPLICATION PROCESSING FEE FOR SINGLE FAMILY OVERLAY DISTRICT SITE PLAN REVIEW APPLICATIONS AND THE RENAMING OF THE. OVERLAY DISTRICT;- 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 January 26, 2009 and voted 6 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 16331.74{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 Toning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach Ends the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE TT 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(x); "Fees", Subsection {1), "Development Applications", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein aril as modified by ordinance of the City Commission. (1) Development Applications:. 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 P[an Amendment $ 2;500 (b) Review of a ADA/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(8)] $ 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 (Minor Modification) $ 550 (1) Class IV (Major Modification) $ 915 (1) Class V (New Submission) $ 1,215 (1) (k) Extension requests for 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 (I) Plats Minor Subdivision $ 915 (1) Major Subdivision $ 1,825 (1) Plat Recording Fee (3) 2 ORD. N0.08-09 (m) Abandonments Right-of--way $ 750 General Easements $ 370' 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 property) 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 $ 130 - -with concurrent site. plan $ 0 (w) Land Development Regulations Text Change $ 1,500 (x) Waivers and Internal Adjustments $ 130 per request (6) $ 250 per request- (7). (y) Appeals. by Applicant $ 335 (8). (z) Advertising (9) 3 O.RD. N0.08-.Oh (aa) Zoning Verification Letter $ 120 (bb) ~ $ ~A (1) North Beach/Seagate and Ocean Neighborhood Overlay 1.,560 District Review (cc) Application. Fee for In-Lieu Of and Public'Parking Fee $ 225 (10) Requests (dd) Ad Valorem Tax Exemption (Review Concurrent with COA Review) $ 0 Ad Valorem Tax Exemption (Review after CO received for approved development} $ 60 NQTES: (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., (3) $30.00 for the first sheet of the plat, $15A.0 for each additional sheet, or.as modified from time to time by Palm Beach County, payable to Palm Beach County. (4) Fee may be waived'bythe City Manager, for properties that have already been developed, or for sites under one (1) -acre in size. (5) Same fee that would apply for site pEan modification. (6) For requests made during the site plan /master plan review process. (7) For requests made subsequent to the site plan./ master plan review process. (t3) Includes appeals of both administrative decisions and Board actions. (9) The Applicant shall be responsible for.all advertising fees :including newspaper publications. The applicant shall provide pre-addressed envelopes with the required postage for mailed notices. If the required advertising fees are not Paid at least four -days (4) prior to the hearing, the presiding body, shall postpone action on the application until such fees are paid. In the event such postponement results in additional mailing or publication costs, the applicant:shall be responsible for the additional.fees. (10) if approved, this fee will be credited toward the associated site .plan modification. (11) Recording fees of any documents shall be paid by the Applicant. (12) Two fees are required if both a. Conditional Use and Site Plah or Site Plan Modification are being extended-for one project. (13) There. is no fee if the item :is listed as an application permitted for Staff approval. (14) Certificates of Appropriateness not associated with a Site Plan; Site Plan Modification, and/or Conditional Use. Section 4: That should any section or provision of this ordinance or any portion thereof'; 4 ORD. N0.08-09 any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision sha11 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 became effective immediately upon its passage on second and final reading. PASSED AMID ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST MAXOR City Clerk First Reading Second Reading 5 ORD. N0.08-09 ~~ ~ f~`~~ ~A Boca Raton/De4ray Beach News -Thursday, February 5, 2Q49 * www.bocanews.com CITY OF DELRAY BEACH,fLOR16A i NOTICE OF RURIIG HEARING A RUBEIC HEARING will he held on the lollvwing proposed ordinances at 7'00 p.m. on TUESDAY, FEBRUARY 77, 2009 {or al any cantinuativn of 5a:tr meeting which is eel by the' Csamiasivny, in the City C^mn- sion '.. i:~~.aMers, 100 N.W. 151 P.. DeI-..'', ay Bc .:h, Fbrida, at whit the C..y Commission ~ cvr r' adoption. The pwpc;td o::~-e.°:a may be In5paciad at r-c C°~ca o' Lie City Clerk at Cily Hw., 100 N W. ISt Avenue, Delray Baasp, Florida, be- tween the hours o1 6:00 a.m, and 5 W p.m., Monday through Friday, except, holidays. All intarasled parties are in- vited to aUend and be heard with re°'.. spaci iv She proposed ordinances. '~,. ORDINANCE NO.O6A9 ~I AN ORDINANCE OF THE GITY COM• I MISSION OF THE CITY OF DELRAY REACH, FLOflIDA, AtdEN01NG THE LAND DEVELOPMENT REGULA- TIONS OF THE CITY of DELRAY BEACH, FLORIDA, BY AMENDING SECTION 2,6,3;Ky, "FEES', SUR- SECT14N {1y, `DEVELOPMENT AP- PLICATIONS", TO PROVIDE FOR AN INCREASE IN THE APPL iCAT10N PROCESSING FEE FOR SINGLE FAMILY OVERLAY DISTRICT SITE PLAN RE'OIEW APPLICATIONS AND THE RENAMING OF THE OUERIAY D"STRICT; PROVIDING A SAVING C'~.FlUSE, A GENERAL REPEALER CLAUSE. AND AN EFFECTIVE ORDINANCE N0.09.09 AN ORDINANCE OF THE CITY CGM- MISSSDN OF THE CITY OE DELRAY BEACH, FLORIDA, AMENDING THE CURE OF ORDINANCES OF THE CITY DF DELRAY BEACH, BY AMDING SECTIONS 96.03, "ENT OF LIMITS IN WH i. SRFlGE OF LIUVE- FIEu rr~NOIEUM GASES TD BE RESTki._fED", 96.05, "FIRE HY- DRANTS", 96.16, "CERTHIN CODES ADOPTED BY REFERENCE', AND 96.66, "ABOVE £ ~"' INSTAL- LATION" TO UFG ~ CITY'S CODE OF ORDk°~~-'~~~: - tN OnDER TO REFLECT REG='.- ~=-tr.GES IN THE FIRE PRE-~.:N~ION CODE STANDARDS; PROVIDING A SAW LNG CLAUSE, A GENERAL REPEAL- ER CLAUSE, AND AN EFFECTIVE PATE. does nat provido rtor pr=_pare such retard purouam to E6, 285-0105. CITY OF DELRAY BEACH I Che,tilfa 0. Nehs~, Cn..: I City CIr~ Publish: Thursday, Fettvary S, 2009 Boca RalvntDeG2y Beach Naw5