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Ord 24-09ORDINANCE NO.24-09 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 ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2,4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS", SUBSECTION 2.4.4{x(4), "LITIGATION PREVENTING CONSTRUCTION", IN ORDER TO EXTEND THE TIME FRAME; PROVIDING A SAVI]VG CLAUSE, A GENERAL I~:EPEALER CLAUSE, AND AN EFFECTIVE DATE, WHEREAS, pursuant to LDR Section 1.1.G, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on April 20, 21109 and voted G to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 1f~3.3174(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 Article 2.4, "General Procedures", Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", Sub-section 2.4.4{F}{4), "Litigation Preventing Construction", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: {4} Litigation Preventing Construction: When a lawsuit is filed against the City, a developer, owner or applicant challenging the granting of a development approval by the City as listed under Subsection 2.4.4(E)(2), an extension of the development approval shall be granted without further review. The extension of time shall be effective until the litigation is concluded. Provided, however, in no event shall the extension of time exceed seven (7) years from the initial date of approval of the development application. If the litigation is not resolved within a maximum of seven (7) years from the initial date of approval, the developer, owner or applicant shall be required to follow Section 2.4.4(F} (1}, (2) or (3}. The litigation shall be deemed to be concluded after all appeals have been exhausted and a Final C+rder/Decision from the Court having jurisdiction over the matter has been entered. This subsection does not apply to lawsuits filed by the developer, owner or applicant against some other party, nor does it apply in any way to allow the developer, owner ar applicant to extend the -1.8 24 month deadline because of financial issues. Idowever, in order to be eligible for an extension of tune, the developer, owner or applicant seeking an extension must send written notification and documentation that shows ongoing litigation to the City within. 30 days of the service of the suit, unless the City is a party to the suit. Except that, Subsection 2.4.4(1-}(4} shall also apply to those development applications that were approved by the City prior to the adoption date of this ordinance, which approval is still valid in that the approval period has not expired, but construction has not commenced as litigation aver the approval of the development application has prevented the commencement of construction. In order to qualify under this exception provided far in this paragraph, the developer, owner or applicant must provide the required ratification jdocumentation to the City within 30 days of the adoption of this ordinance. Section 3. That should any section or provision of this ordinance ar 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. ` ~ (~~~'`~ PASSED AND ADOPTED in regular session on second a al reading on the t day of ~, 2009. ATTEST \~ ~ ~ MAY O City Clerk First Readin Second Readin ~ 2 ORD. NO.24-09 ~E~Q~;~~NT}ITM TO: Mayor and City Commissioners p'ROM: David T. Harden, City Manager DATE: May 12, 2009 SUBJECT: AGENDA ITEM 10.F. -REGULAR COMMISSION MEETING OF MAY 19 2009 ORDINANCE N0.24-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading of aCity-initiated amendment to the Land Development Regulations (LDR}, amending Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsection 2.4.4{F}{4}, "Litigation Preventing Construction", to provide consistency with approval durations throughout the LDR. BACKGROUND At the first reading on May 5, 2009 the Commission passed Ordinance No. 24-09. RECOMMENDATION Recommend approval of Ordinance No. 24-49 on second and final reading. MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: Apri129, 2009 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF MAY 5, 2009 ORDINANCE NO.24-09 ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will provide consistent reference to the 24-month approval period as was amended elsewhere in the LDRs. BACKGROUND The amendment will provide consistent reference to the 24-month approval period as amended elsewhere in the LDRs. This specific subsection pertains to extension of the approval period of a development when litigation is involved. The current time period is listed at 18 months. This refers to the initial approval period that has been recently amended to 24 months. However, when these changes were made elsewhere in the LDRs, this reference dealing with litigation was inadvertently missed. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on April 20, 2008. The Board unanimously recommended approval on a 6 to 0 vote, by adopting the findings 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. RECOMMENDATION By motion, recommend approval on first reading Ordinance No. 24-09 for acity-initiated amendment to the Land Development Regulations, by adopting the findings 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. ORDINANCE No. 24-0 AN ORDINANCE OF THE CITY COZ~MSSION OF THE CITY OF DELRAY BEACH, FLORIDA, A~,~NDING THE LAND DEVELOPR~NT REGULATIONS OF THE QTY OF DELRAY BEACH, FLORIDA BY A~~NDING ARTICLE 2.4, "GENERAL PROCEDURES", SECTION 2.4.4, "GENERAL PROCEDL]IZES PERTAINING To APPROVAL OF LAND USE .AND DEVELOPMENT APPLICATIONS", SUBSECTION 24.4(F)(4), "LITIGATION PREVENTING CONSTRUCTION", IN ORDER TO EXTEND THE TIME FRAME; 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 reviev~ed the proposed text amenchxient at a public he~a~:ing held on ~~rril 20, 209 and voted 6 to 0 to recon~nend that the changes be approved; and V'JHEREAS, pursuant to Florida Statute 163.3174{4){c), the P~u-trung and Zoning Board. sitting as t]1e Local Planning .Agency,l-~as determined that the change is consistent with and fiarthers the goals, objectives and policies of the Comprehensive Plan; and V'JI~REA5, the City Commission of the City of Delray Beach adopts the findings in the Pl~~rrning and Zoning Staff Report; and WI-IEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Con~~ehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY T~~ CITY COI1!I~IISSION OF Tl'~ CITY OF DEL,RAY BEACH, FLORIDA AS FOLLOWS: Section 1, That the recitations set forth above are incaxporated herein ~~~n 2. That Article 2.4, „General Procedures", Section 2.4.4, „General Procerlx:tres Pertaining to Approval of Land Use and Develop Applications", Sub-section 2.4.4{F){4), „Litigation Preventing Constn~tion", of the Land Develaprnent Re;~alations of the City of Delray Beach, Florida, be and th,e same is hereby amended to read as follows: {4} Litigation Preventing Construction: When a lawsuit is filed against the City, a developer, owner or applicant chall~g the granting of a development approval by tine City as listed under Subsection 2.4,4{E}{2), an ext~~sion of the d~;~elaprnent approval shall be gated without further review: The extension of time shall be effective until the litigation is concluded. Provic~ however, in na event shall the extension of time exceed seven {7} years from the initial date of approval of the develaprr~nt application If the litigation is not resolved within a ma~aimtztn of seven {7} years from the initial date of approval, the developer, owner ar applicant shall be required to follow Section 2.4.4{F} {1}, {2) or {3). The litigation sl~ali be deerr~~d to be cancluc~d after all al~~~Ls have been exhausted and a Final Order/Decision from the Court having jurisdiction over the matter has beets entered This subsection does not apply to lawsuits filed by the developer, owner or applicant against some other party, nor does it apply in any way to allow the developer, owner or applicant to extend the 24 month c~adlirle because of financial issues. Hower, in order to be eligible for an extension of time, the developer, owner or applicant seelaing an extension must send written notification and documentation that shows ongoing litigation to the City within 30 days of the service of the suit, unless the City is a party to the suit. Except that, Subsection 2.4.4(F)(4) shall also apply to those development applications that were approved by the City prior to the adoption date of this ordinance, wi~ich approval is still valid in that the approval period has not e;~~ired, but construction has not commenced as litigation over the approval. of the development application has prevented the commencetr~.}nt of construction. In order to qualify under this exception provic~d for in tlvs paragraph, the developer, owner or applicant must provide the required notificationJclacturrearttation to the City within. 30 days of the adoption of this ordinance. Section 3. That should any section or provision of this or~~inance or any portion thereof, any paragraph, sentence, or ward 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 ceclared to be invalid Section 4. That all ordinances or p of or~~inances in conflict herewith be, and the same are hereby repe~~led. Section 5. That this ors~inance shall beeotr~ effective imn~~iately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2009. ATTEST MAYOR City Clerk First Reading Second Rea ' 2 ORD. NO.24-09 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: APRIL 20, 2009 AGENDA NO: IV.D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS", SUBSECTION 2.4.4(F)(4), "LITIGATION PREVENTING CONSTRUCTION", TO PROVIDE CONSISTENCY WITH APPROVAL DURATIONS THROUGHOUT THE LDR. ITEM BEFORE THE .BOARD "fhe item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will provide consistent reference to the 24-month approval period as was amended elsewhere in the LDRs. 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. BACKGROUND/ANALYSIS The amendment will provide consistent reference to the 24-month approval period as amended elsewhere in the LDRs. This specific subsection pertains to extension of the approval period of a development when litigation is involved. "fhe current time period is listed at 18 months. This refers to the initial approval period that has been recently amended to 24 months. However, when these changes were made elsewhere in the LDRs, this reference dealing with litigation was inadvertently missed. `REQUIRED FINDINGS , Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the Comprehensive Plan was performed, and while there are no specific Goals, Objectives or Policies that are relevant, it is noted that the proposed amendment is not inconsistent with them. Planning and Zoning Board Meeting, Apri120, 2009 LDR Amendment - Litigation Preventing Construction {18 months increase to 24 months). -- ,. REVIEW BY aTHERS Courtesy Notices Courtesy natives were provided to the fallowing homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIC}NS A. Continue with direction. B, Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsection 2.4.4(F)(4), "Litigation Preventing Construction", by adopting the findings of fact and iaw contained in the staff report, and finding that the tenet amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5{M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 2.4.4, ``General Procedures Pertaining to Approval of Land Use and Development Applications", Subsection 2.4,4(F){4}, ``Litigation Preventing Construction", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5{M} {motion to be made in the affirmative). RECOMMENDED AC'FIQN D. Recommend approval of the amendment to Land Development Regulations, Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and Development Applications", Subsection 2.4.4{F){4~, "Litigation Preventing Construction", by adapting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5{M~ Attachment: ^ Proposed ordinance 2 MEET"ING OF: APRIL 20, 2009 AGENDA NO: IV. C. AGENDA ITEM: CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.4.3, R-1-A (SINGLE FAMILY RESIDENTIAL) ZONING DISTRICT REGULATIONS, MODIFYING THE DEVELOPMENT STANDARDS AND SUPPLEMENTAL REGULATIONS FOR THE CARVER SQUARE BROWNFIELD AREA. ITEM BEFORE-THE'BOARD The item before the Board is that of making a recommendation to the City Commission regarding acity-initiated amendment to Section 4.4.3, "Single Family Residential (R-1) Districts", Subsections 4.4.3(F), "Development Standards" and 4.4.3(G), "Supplemental Regulations" of the Land Development Regulations for the Carver Square Brownfield Area. The Carver Square Brownfield Area is described as lots 11 - 30 of the Carver Square Subdivision, as recorded in Plat Book 24, page 11. The amendment is being processed in accordance with LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. . BACKGROUND The Community Redevelopment Agency (CRA) has acquired two blocks of single family properties (20 lots total) in the Carver Square subdivision, pursuant to an acquisition plan that was approved by the CRA Board on February 24, 2005. The properties were the site of a former dumping area, and most of the houses that had been constructed on the lots experienced significant structural damage due to major settlement of the soil. In 2004, the Florida Department of Environmental Protection (FDEP) and the US Environmental Protection Agency had completed tests with respect to environmental conditions on the site and determined that there is no environmental hazard present as it relates to toxic or hazardous waste disposal. However, the subsurtace conditions of the area contained significant amounts of debris which indicated the area had been utilized as a landfill. The CRA's plans for the area included acquisition of the properties, relocation of the residents, demolition of the remaining structures, remediation of the soil conditions, stabilization of the site, and construction of new single family affordable housing. At its meeting of IVlarch 8, 2007, the City Commission approved Resolution No. 20-07 designating Lots 11 - 30 (Carver Square Subdivision) as a Brownfield Area for rehabilitative purposes as well as obtaining potential funding for the remediation. Nineteen (19) of the lots are owned by the CRA and one (1) is owned by the Delray Beach Community Land Trust (Lot 23). Also in 2007, the CRA procured services for the soil remediation and monitoring, as required by FDEP. In 2008 the CRA received a loan from South Florida Planning Council for activities related to soil remediation. The structures were demolished and the soil remediation was Planning & Zoning Board Memorandum Staff Report LDR Amendment'- R-1-A Regulations re: Carver Square Brownfield Area completed under Florida's Brownfield Program. Final certification by FDEP for redevelopment of the lots is anticipated by July. ANALYSIS.. The Carver Square subdivision was platted in 1952 and is zoned R-1-A {Single Family Residential). The lot dimensions are generality 55' X 94' and have a lot area 5,170 square feet. Pursuant to the R-1-A zone district regulations, the minimum dimensions for an interior lot is 60' X 100' while the minimum for corner lots is 80' X 100'. The minimum lot size is 7,500 sq. ft. While the lots do not meet the current requirements, they are nonconforming lots of record (ref. LDR Section 4.1,4) that can be developed to accommodate a single family home on each lot pursuant to the R-1-A regulations, However, due to the reduced lot sizes which are unique to this subdivision, special regulations are needed to provide maximum flexibility and incentivize development in this Brownfield Area. Historical records indicate that the front setbacks for the houses that were demolished ranged from 18' to 25'. Thus, the amendment proposes reducing the current setback requirements as follows: ^ The front setbacks will be reduced from 25' to 20'; and, ^ The side street setbacks will be reduced from 15' to 10', By reducing the front and side street setbacks, the proposed amendment will provide more design flexibility, larger rear yards, and promotes a unique streetscape. In addition, the amendment will allow front porches to encroach 5' into the front setback. The amendment includes a provision that requires a minimum 20' setback for a garage, carport or pane-cochere when the driveway entrance faces a side street. This is to ensure there is adequate room for guestiresidents to park in the driveways, without vehicles encroaching into the right-of-way. In order to comply with other FDEP requirements related to the remediation, a provision is also included that all irrigation be connected to a City water system and the provision of irrigation from a well system is prohibited. Required Findincas; 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 Phan. A review of the goals, objectives and policies of the City's Comprehensive Plan were conducted and the proposed amendment furthers the following objectives and policies as well as the adopted Southwest Area Neighborhood Redevelopment Plan, FUTURE LAND USE ELEMENT • GOAL AREA "C" BLIGHTED AREAS OF THE CITY SHALL BE REDEVELOPED AND RENEWED AND SHALL BE THE MAJOR CONTRIBUTING AREAS TO THE RENAISSANCE OF DELRAY BEACH. Oblective C-T Blighted areas, as designated by fhe City Commission, shall receive special attention and assistance in renewal. This ob1ective shall be implemented through the following policies and activities. Policv C-9.2 The City shall work wifh the Community Redevelopment Agency (CRA) for the improvement of neighborhoods within the CRA boundaries. The Cify shall take the lead in fhe 2 Planning & Zoning Board Memorandum Staff Report CDR Amendment - R-1-A Regulations re: Carver Square Brownfield Area preparation of neighborhood plans (as described in fhe Housing Element) and for redevelopment plans except as provided for in CJbjecfive C-2 of this Element). The unique powers of fhe GRA shall be used in fhe implementation of appropriate provisions of such plans. Policy C-1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 7(~n Street on the south, lnferstate 95 on the west, and Swinton Avenue on fhe east. Many of parcels in the area contain vacant or dilapidated sfrucfures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Gategorization Map contained in fhe Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the Gify Gommission at its meeting of June 3, 2Q03. The Plan establishes a blueprint for fhe revifalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into fr've sub-areas based upon current and proposed land uses. The sub-areas serve fo define potential boundaries for the phased implementation of fhe various plan components. Future development in fhe area must be in accordance with the provisions of the Redevelopment Plan. The Carver Square RedevelopmentlBrownfield Area, is located within Sub-area 5 -Infill Area - pursuant to the Southwest Area Neighborhood Redevelopment Plan. Infill development, housing rehabilitation, and code enforcement are the recommended tools to enhance the stability of the neighborhoods in this area. The subject properties previously contained dilapidated homes that were constructed over a former illegal dump site. The proposed LDR amendment provides incentives to accommodate a unique quality affordable housing redevelopment project in the Southwest Neighborhood which will assist in the enhancement and revitalization of the neighborhood as well as arrest further decline. REVMEW BY OTHERS Community Redevelopment Aaencv: At its meeting of April 16, 2009, the CRA Board reviewed and recommended approval of the proposed tent bDR amendment. Cotrrtesy Notices: Courtesy Notices were provided to the following Civic Associations: ^ PR©D {Progressive Residents of Delray ^ President's Council Letters of objection and support, if any, will be provided at the Pianning and Zoning Board meeting. 3 Planning & Zoning Board Memorandum Staff Report LDR Amendment - R-7 -A Regulations re: Carver Square Brownfield Area ~ALTERNAT~VE.ACTIUNS ~ ~- 1. Continue with direction. 2. Move to recommend to the Gity Gommission approval of the attached amendment to the Land Development Regulations Section 4,4.3, R-1-A (Single Family Residential) zoning district regulations, 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. 3. Move to recommend to the City Commission denial of the attached amendment to the Land Development Regulations Section 4.4.3, R-1-A {Single Family Residential} zoning district regulations, ly adopting the findings of fact and law contained in the staff report and finding that the request is inconsistent with the Comprehensiue Plan and does not meet criteria set forth in Section 2.4.5(M} of the Land Development Regulations. REC©MMENDATI4N . Move to recommend to the Gity Commission approval of the attached amendment to the Land Development Regulations Section 4.4.3, R-1-A {Single Family Residential) zoning district regulations, 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 Deuelopment Regulations. Attachment:: ^ Proposed ©rdinance 4 w ORDINANCE N0.24-09 p-l~l ORDINANCE OF TIC QTY COMRIIS~~ION OF THE QTY OF DELRAY BEACH, FLORIDA, ~-~~IENDING T~~ LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEAQ-I, FLORIDA, BY AMEI~,IDING ARTICLE 2.4, "GENEI~:AL PROCEDURES", SECTION 2.4.4, "GENERAL PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOPMENT APPLICATIONS", SUBSECTION 2.4.4{F}(4), "LITIGATION PREVENTING CONSTRUCTION", IN ORDER TO EXTEND TI-~ TIME FRAIVIE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the PI<~r~r~rtg and Zoning Board reviewed the proposed tent amendment at a public hearing held on p'pri120, 2009 and voted 6 to 0 to recommend that the changes be approved; and V'VHEREAS, pursuant to Florida Statute 163.3174(4)(c}, the PI<~rming and Zoning Board, sitlang as the Local Pl~mnirtg ~~;encyf has determined that the el!~rnge is consistent with and furthers the goals, objectives and policies of the Con~>rrnhensive Plan; and V'JI~REAS, the City Comrni~~szan of the City of Delray Beach aek~pts the findings in the Pl~u-~rung and Zoning Staff Report; and V`J1~EREAS, the City Comnri.~sion of the City of Delray Beach finds the arxlinance is consistent with the Comprehensive Plan. NOW, T'I~REFORE, BE IT ORDAINED BY THE QTY CONIIvIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 2.4, "General Procedi~es", Section 2.4.4, "Ge~leral Pnoced~es Pertaining to p~val of I..and Use and DeveloR~rnent .Applications", Sub-section 2.4.4{F)(4}, "Litigation Preventing Constnac~on", of the Land DeveloRnt Re;~r~ations of the City of Delray Beach, Florida, be and the sarr~e is hereby an~enc~d to read as follows: (4} Litigation Preventing Construction: When a lawsuit is filed against the City, a developer, owner or applicant challenging the granting of a development approval by the City as listed under Subsection 2.4.4{E}(2), an extension of the development approval shall be granted without f~.rrther review The extension of time shall be effective until the litigation is concluded Provic~d, hoover, in no event slhall the extension of dime exceed seven {7} yEaYS from the initial date of approval of the c~velapment application. If the liti~tion is not resolved within a rx~amurxr of seven {7} years from the initial date of approval, the developer, owner or applicant shall be required to follow Section 2.4.4{F) (1}, (2} or {3). The litigation shall be deemed to be concluded after all appeals Dave beery «~ exhausted and a Final OrderJDecision frcam the Court having jurisdiction over the matter has been entered This subsection does not apply to ]awsuits filed by the developer, owner or applicant a~~~inst same otl~x party, nor does it apply in anyway to allow the developer, owner or applicant to extend the ~ 24 month deadline because of financial isstaes. Hoover, in order to be eligible for an extension of time, the developer, owner or applicant s~~~king an extension must send written notification and dacun~ntation that shaw~ ongoing litigation to the City within 30 days of the service of the suit, unless the City is a party to the suit Except that, Subsection 2.4.4{F}(4} shall also apply to those c~velop~r~ent applications that were approved by the City prior to the adoption date of this ordinance, which approval is s~kil] valid in that the approval period has not e:~aied, but constnaction has not con~unenced as litigation over the ~~ of the c~velop"ment application has prevented the eorrm~encement of construction. In order to gtx~ify under this exception provided for in this paragraph, the developer, owner or applicant must provide the required notification jdocr.~nerrtation to the City within 30 days of the adoption of this ordinance. Section 3. That should any section or provision of tlvs ounce or any portion thereof, any paragraph, sentence, or ward be declar~~cl by a court of competent j urisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole ar park ther.~eof other than the park declared to be invalid Section 4, That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby n~pealed Section 5. That this oz~dinance shall become effective imm~adiately upon its passage on second and fiinal readir~ PA.~,SSED AND ADOPTED in r~~;ular session on second and fiinal ri~~c~ng on this the day of 2t~. ATTEST City Clerk First Reeding Second Reading 2 MAYOR ORD. NO.24-Q9