Ord 29-98ORDINANCE NO. 29-98
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 5.3.1,
"STREETS (RIGHTS-OF-WAY)", SUBSECTION 5.3.1(D),
"RIGHT-OF-WAY DIMENSIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DELRAY BEACH, TO PROVIDE
THAT REQUESTS FOR A REDUCTION OF RIGHT-OF-WAY WIDTH
REQUIRED FOR EXISTING STREETS SHALL BE UNDER THE
ADMINISTRATIVE AUTHORITY OF THE CITY ENGINEER;
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
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
on July 20, 1998, and voted unanimously to recommend that it 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
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Five, "Subdivision Regulations",
Article 5.3, "Dedication and Impact Requirements", Section 5.3.1,
"Streets (Rights-of-Way)", Subsection 5.3.1(D), "Right-of-Way
Dimensions", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(D) Right-of-Way Dimensions:
(1) Right-of-way shall be provided for Principal
Arterials and Minor Arterials as shown for ultimate right-of-way
width in Table ~ T-1 of the ~ff~ Transportation Element of the
Comprehensive Plan.
(2) The following right-of-way width is required for
the category of other streets as identified, except as otherwise
provided in the Table T~ T-1 of the T~ff~ Transportation Element:
STREET TYPE
WIDTH IN FEET
County Collector
80
City Collector 80
Local Commercial /
Industrial Street
60
Local Residential Street - Without Curb & Gutter
- With Curb & Gutter
60
50
Alleys
20, or existing
dominant width
(3) Additional Width: Additional right-of-way width
may be required to promote public safety and welfare; to provide for
stormwater manaqement; to provide adequate area for street trees; and
to assure adequate access, circulation and parking in high intensity
use areas. Such a determination shall be advanced by a
recommendation from the City Engineer and may be based upon the
results of a traffic study or general knowledge of the City. The
authority for requiring such additional right-of-way shall rest with
the body having the approval authority of the associated development
application.
(4) Reduction in Width: A reduction in the required
right-of-way width established in Subsection (D) (2), above, may be
granted by the body having the approval authority of the associated
development application in developments in which new streets are
created. For existinq streets, reductions in riqht-of-way width may
be qranted bv the City Enqineer upon a favorable recommendation from
the Development Manaqement Services Group (DSMG). Reductions in the
required riqht-of-wa¥ width may be qranted pursuant to the following:
(a)
The reduction is supported by the City
Engineer. Nonsupport by the City Engineer
may be appealed to the Board of Construction
Appeals.
(b)
That requiring full dedication would
constitute a hardship in a particular
instance and that all required improvements
will be provided in a manner which will not
endanger public safety and welfare.
(c)
That acceptable, alternative provisions are
made to accommodate features which would
otherwise be accommodated within the
right-of-way (e.g. alternative drainage
systems, alternative pedestrian walkways,
alternative on-street parking, etc.).
- 2 - Ord. No. 29-98
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. 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 4. 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 18th
ATTEST:
· ~City Cl~kk - r
day of
August _ , 1998.
First Reading August 4, 1998
Second Reading August 18, 1998
- 3 -
Ord. No. 29-98
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
~ITY MANAGER
AGENDA ITEM # /0~- REGULAR MEETING OF AUGUST 18, 1998
ORDINANCE NO. 29-98 (RIGHT-OF-WAY DIMENSIONS)
AUGUST 12, 1998
This is second reading and a public hearing for Ordinance No.
29-98 which amends LDR Section 5.3.4(D), "Right-of-Way
Dimensions", to provide that requests for a reduction of
right-of-way width required for existing streets shall be under
the administrative authority of the City Engineer.
Similar changes were reviewed by the Commission in June, 1998, but
were rejected. Staff was directed to modify the proposal to allow
right-of-way reductions to be approved administratively by the
City Engineer only in developments with existing streets. Where
new streets are created, any requests for right-of-way reductions
would continue to require approval of the body having the
authority over the associated development application. A revised
text amendment was prepared which was considered by the Planning
and Zoning Board at a public hearing on July 20, 1998. There was
no public testimony and the Board voted unanimously to recommend
approval.
At first reading on August 4, 1998, there was discussion about the
desirability of having right-of-way reduction requests for
existing streets reviewed by the Development Management Services
Group (DSMG) instead of the City Engineer individually. It was
the consensus to have the City Engineer grant the actual approval
upon a favorable recommendation from the Management Group. The
ordinance, as modified, was passed by a vote of 4 to 0. The text
at subsection (D) (4), "Reduction in Width", has been amended to
reflect Commission's direction.
Recommend approval of Ordinance No. 29-98 on second and final
reading.
ref:agmemol0
2nd regular meeting at which time the proposed amendment was
denied. Staff was directed to modify the proposal to allow
right-of-way reductions to be approved administratively by the
City Engineer only in developments having existing roads. Where
new streets are created, any requests for right-of-way reductions
would continue to require approval of the body having the author-
ity over the associated development approval. On July 20, 1998,
the Planning and Zoning Board considered the text amendment as
revised and voted unanimously to recommend that it be approved.
In light of questions that arise from time to time
concerning reduction of right-of-way widths, the City Manager
suggested that it might be more appropriate for this to go to the
Development Services Management Group (DSMG) instead of the City
Engineer individually, or perhaps have the City Engineer grant
the actual approval upon a favorable recommendation from DSMG.
Upon discussion, it was the Commission's consensus to accept this
change and incorporate it into the ordinance.
Mr. Schmidt moved to approve Ordinance No. 29-98, as
modified, on FIRST Reading, seconded by Mr. Randolph. Upon roll
call the Commission voted as follows: Mr. Randolph - Yes; Mayor
Alperin - Yes; Mr. Schmidt - Yes; Mr. Ellingsworth - Yes. Said
motion passed with a 4 to 0 vote.
Comments and Inquiries on Non-Agenda Items.
13 .A.
City Manager.
The City Manager reported that some recent actions
taken by the Commission (e.g. the towing franchise fee and the
increase in business license fees) have enabled staff to increase
the revenue estimates by another $173,000.00, giving the Commis-
sion $393,000 to work with at this point. There are two things
he would like to fund for the Fire Department. They want to
start converting to the higher capacity self-contained breathing
apparatus and then there are the additional 12-lead EKG units.
These two items would amount to about $90,000, but beyond that
the Commission can look at prioritization of other requests or
further millage reduction. There is enough there to cut a tenth
of a mill.
The City Manager also advised that the Water and Sewer
budget is still being worked on, but should be ready for distri-
bution by next Tuesday's workshop.
13 .B.
City Attorney.
The City Attorney congratulated Assistant City Attor-
neys Brian Shutt and Cathy Kozol for the fine job they did at a
recent trial where they were able to obtain a verdict in favor of
the City. They did a great job and are to be commended for their
efforts.
-11- 8/04/98
project; with funding from 334-4173-572-63.90 (Miller Park
Lighting).
Item 9.H., added to this agenda by addendum, was
postponed to the City Commission regular meeting of August 18,
1998, at the request of the applicant.
agenda.
At this time, the Commission moved to Item 11 on the
11. Comments and Inquiries on Non-Agenda Items from the
Public Immediately following Public Hearings.
11.A. City Manager's response to prior public comments and
inquiries.
The City Manager had no responses to prior public
comments and inquiries at this time.
11 .B.
From the Public.
There were no comments or inquiries from the public.
12.
FIRST READINGS:
12.A. ORDINANCE NO. 29-98: An ordinance amending Section
5.3.1(D), "Right-of-Way Dimensions", of the Land Development
Regulations to provide that requests for a reduction of right-
of-way width required for existing streets shall be under the
administrative authority of the City Engineer. If passed, a
public hearing will be scheduled for August 18, 1998.
The City Manager presented Ordinance No. 29-98:
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SECTION 5.3.1, "STREETS (RIGHTS-OF-WAY)",
SUBSECTION 5.3.1.(D), "RIGHT-OF-WAY DIMEN-
SIONS'', OF THE LAND DEVELOPMENT REGULATIONS
OF THE CITY OF DELRAY BEACH, TO PROVIDE THAT
REQUESTS FOR A REDUCTION OF RIGHT-OF-WAY
WIDTH REQUIRED FOR EXISTING STREETS SHALL BE
UNDER THE ADMINISTRATIVE AUTHORITY OF THE
CITY ENGINEER; PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE
DATE.
(The official copy of Ordinance No. 29-98 is on file in
the City Clerk's office.)
The City Attorney read the caption of the ordinance.
Paul Dorling, Acting Director of Planning and Zoning,
stated that the Commission reviewed similar changes at the June
-10- 8/04/98
TO:
FROM:
DAVID T. HARDEN,
CITY MANAGER
PAUL DORLIN ,(~/ACTING DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT:
MEETING OF AUGUST 4, 1998
APPROVAL OF AN AMENDMENT TO LAND DEVELOPMENT
REGULATIONS SECTION 5.3.1(D), RIGHT-OF-WAY DIMENSIONS
** FIRST READING **
At its meeting of June 2nd, City Commission reviewed recommended changes to
LDR Section 5.3.1(D)(4), as shown in the attached staff report. The Commission
did not support the changes as written, and denied the related ordinance. The
Commission directed staff to modify the changes to allow right-of-way reductions
to be approved administratively by the City Engineer only in those developments
having existing streets. Where new streets are created, right-of-way reductions
will continue to require the approval of the body having approval authority of the
associated development application (P&Z Board, SPRAB, etc.).
The Planning and Zoning Board considered this item at a public hearing held on
July 20, 1998. There was no public testimony. After consideration, the Board
recommended (7-0) that the City Commission amend LDR Section 5.3.1(D) as
shown in the staff report.
By motion, approve the attached amendment to LDR Section 5.3.1(D) [Right-of-
Way Dimensions] on first reading, based on positive findings with respect to LDR
Section 2.4.5(M)(5).
S:~adv\ROWl0
Local Commercial /
Industrial Street
60
Local Residential Street - Without Curb & Gutter
- With Curb & Gutter
60
5O
Alleys
20, or existing
dominant width
(3) Additional Width: Additional right-of-way width
may be required to promote public safety and welfare; to provide for
stormwater manaqement; to provide adequate area for street trees; and
to assure adequate access, circulation and parking in high intensity
use areas. Such a determination shall be advanced by a
recommendation from the City Engineer and may be based upon the
results of a traffic study or general knowledge of the City. The
authority for requiring such additional right-of-way shall rest with
the body having the approval authority of the associated development
application.
(4) Reduction in Width: A reduction in the required
right-of-way width established in Subsection (D) (2), above, may be
granted by the body having the approval authority of the associated
development application in developments in which new streets are
created. For existinq streets, reductions in riqht-of-way width may
be qranted by the City Enqineer~ Reductions in the required
riqht-of-wa¥ width may be qranted pursuant to the following:
(a)
(b)
The reduction is supported by the City
Engineer. Nonsupport by the City Engineer
may be appealed to the Board of Construction
Appeals.
That requiring full dedication would
constitute a hardship in a particular
instance and that all required improvements
will be provided in a manner which will not
endanger public safety and welfare.
(c)
That acceptable, alternative provisions are
made to accommodate features which would
otherwise be accommodated within the
right-of-way (e.g. alternative drainage
systems, alternative pedestrian walkways,
alternative on-street parking, etc.).
2 - Ord. No. 29-98
City Commission Documentation
Approval of an Amendment to Land Development Regulations Section 5.3. I(D), Right-Of-Way Dimensions
Page 2
(D) Right-of-Way Dimensions:
(1) Right-of-way shall be provided for Principal Arterials and
Minor Arterials as shown for ultimate right-of-way width in Table T-d T-1 of the
-T-raffm Transportation Element of the Comprehensive Plan.
(2) The following right-of-way width is required for the category
of other streets as identified, except as otherwise provided in Table T ~, T-1 of
the Tra~c Transportation Element:
County Collector 80
City Collector 80
Local Commercial / Industrial Street 60
Local Residential Street
· Without Curb and Gutter
· With Curb and Gutter
60
5O
Alleys 20, Or Existing Dominant Width
(3) Additional Width: Additional right-of-way width may be
required to promote public safety and welfare; to provide for storm water
management: to provide adequate area for street trees; and, to assure adequate
access, circulation, and parking in high intensity use areas. Such a
determination shall be advanced by a recommendation from the City Engineer
and may be based upon the results of a traffic study or general knowledge of the
City. The authority for requiring such additional right-of-way shall rest with the
body having the approval authority of the associated development application.
(4) Reduction in Width: A reduction in the required right-of-
way width established in Subsection (D)(2), above, may be granted by the body
having the approval authority of the associated development application in
developments in which new streets are created, For existing streets, reductions
in right-of-way width may be granted by the City Engineer. Reductions in the
required right-of-way width may be granted pursuant to the following:
(a)
The reduction is supported by the City Engineer.
Nonsupport by the City Engineer may be appealed to
the Board of Construction Appeals.
City Commission Documentation
Approval of an Amendment to Land Development Regulations Section 5.3.1(D), Right-Of-Way Dimensions
~'agc 3
(b)
(c)
That requiring full dedication would constitute a
hardship in a particular instance and that all required
improvements will be provided in a manner which will
not endanger public safety and welfare.
That acceptable, alternative provisions are made to
accommodate features which would otherwise be
accommodated within the right-of-way e.g. alternative
drainage systems, alternative pedestrian walkways,
alternative on-street parking, etc.
Boca Raton News, Friday, August~7,1998 7C
A PUBLIC HEARING will be ~ mi
%:1 P.A~ m JUIBIV, ~ J&
~ ~ ~ ~ by ~ ~i~
~y~F~,~
_~ Fray, ~ ~ ~1
AN ORDINAN~ OF THE CITY C~
~ISSION OF THE CITY O~ ~L~Y
BEACH, FLORIDA MENDING SEC.
T ON ~.~1 ~TREETS R GHT~F-
WAY)e, ~BSECT ON ~ [D),
.~IGHT~MAY DIMENSION~, OF
'TH~ ~ND DEVELOP~NT
~TIONS OF THE CiTY OF DEL~Y
eEACH, TO PROVI~ THAT
~ESTS FOR A REDUCTION
RIGHT~F~AY WIDTH RE-
~IRED FOR EXISTING STREETS
S~L BE UNDER THE A~INI~
TRATIVE AUTHORI~ OF THE
CITY ENGINEER; PROVIDING A
GENE~L REELER' C~USE, A
~VING ~USE, AND AN EFFEG
TIVE ~TE.
Cl~ ~ ~LRAy B~CH
c~ c~