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Ord 33-09i ORDINANCE NO. 33-09 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 SUBSECTION 2.4.3(x), "FEES", SUB-SUBSECTION (1), "DEVELOPMENT APPLICATIONS", SUB-SUBSECTION (3), "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN SUCH FEES; 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 June 1 S, 2009 and voted 4 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 Subsection 2.4.3(x), "Fees", Sub-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: {1} Develo went A 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 $-~98 2 625 (b) Review of a ADAIDRI Modification of a DRI ~~ (c} Voluntary Annexation with Zoning ~-1-8~(4) 1 160 4 (d) Rezoning of Land ~- X998 2 100 (e) Modification of a SAD Ordinance to add a use or uses $-889 2 100 (f) Conditional Uses, New Application $--~89 1 575 Modification requiring Board Review ~---~--~9 640 (g) Master Plans $-1~5{~) $1 275 1 Master Plan Modification (5) (h) Formal review of a Sketch Plan [Section 2.4.1{B)] ~---~8 640 (1} Sxmllarlty of Use X8-5- 320 (j} Site Plan Review: Class I {Non-Impacting Modification) $~® 115 Class II (Non-Impacting with Board Review) ~§ 240 Class III (Minor Modification) $--~-59~1~ 580 1 Class IV (Major Modification) -~} 960 1 Class V {New Submission) ~' '~ 1 275 1 (k) Extension requests for a previous conditional use, site plan or master development plan (12) Class I Site Plan Modification ~--~~ $ 60 Class II Site Plan Modification $-----I~ $ 120 Class III Site Plan Modification $----~~ $ 290 Class IV Site Plan Modification ~--4~8 $ 455 Class V Site Plan ~~9 $ 640 Master Development Plan $--1~1~ $ 640 Master Development Plan modification (5) Conditional Use ~--758 790 Conditional Use Modification ~~. 320 Certificate of Appropriateness for Minor Development $ 30 Certificate of Appropriateness far Major Development $ 280 (1) Plats Minor Subdivision ~$---~5{~-} 960 1 Major Subdivision ~ '~~ 1 920 1 Plat Recording Fee (3) 2 ORD. NO. 33-09 (m) Abandonments Right-of--way ~{e 790 General Easements $---~8 390 Specific Easements ~ 195 (n) Master Sign Program $-~38 160 (o) Variances Board of Adjustment ~-T--~88 52S Historic Preservation Board $ 250 {p) Formal interpretation by the Board of Adjustment $---b8 (per item) x---68 65 (q) Certificate of Appropriateness by Board (14} Minor Development $ 60 (2} Major Development $ 555 {-~-} {r} Certificate of Appropriateness by Staff $ 0 (13) (s} Request for Historic Designation $ 60 (per property} Request for Change of Historic Designation or Classif cation $ 60 (per property) (t) Hearing before the Board of Adjustment $ ©° (per item) $-- ---f 9 65 (u) Temporary Use Request involving City Commission $- ~~ 140 Action {v) Water Service Agreement Request - - without concurrent site plan $-------~8 140 - - with concurrent site plan $ 0 (w) Land Development Regulations Text Change X1;388 1 575 (x} Waivers and Internal Adjustments $~--1.38 140 per request {6) ~-----~9 265 per request (7} (y} Appeals by Applicant $---~~ 355 (g) (z} Advertising (9) 3 ORD. NO. 33-09 {aa) Zoning Verification Letter Interpretation of existing LDRs Requiring Research for Previous Development Activity (bb) North Beach/Seagate and Ocean Neighborhood Overlay District Review (cc) Application Fee for In-Lieu Of and Public Parking Fee Requests (dd} Ad Valorem Tax Exemption {Review Concurrent with COA Review) Ad Valorem Tax Exemption (Review after CO received for approved development) (ee) Re-Submittal Fee will be charmed on the 3'~ and subsequent re-submittals f Le a1 Review of Documents er document ~8 $ so $ 130 plus $35 per_hr in excess of 2hrs $ 1,560(1) ~"~) 240 10 $ 0 $ 60 $ 200 1S0 (gg,~ Applicant's request for PostnonementlContinuance(per request) 75 hh Stand Alone Bars er re nest NOTES: $ 50 {1} Plus an additional fee of $100 per acre, (or fractian thereof), beginning at 3.01 acres; or 100 for each new 10 000 s . ft. or fraction thereo above 100 000 s . ft. ofnon-residential or mixed-use floor area• or 50 for each new 10 residential units or fraction thereo above 100 units whichever is eater up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which maybe applicable to the request. (3) $30.00 for the first sheet of the plat, $15.40 for each additional sheet, or as modified from time to time by Pahn 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 1 master plan review process. (7) For requests made subsequent to the site plan 1 master plan review process. 4 ORD. NO. 33-09 (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, andlor Conditional Use. 15 Re-Submittal fees are onl assessed if the 3r~ and subse uent re-submittals are re aired because initial technical comments were not addressed in revious submittals and are not a result of new comments or revised proposals necessitated by staff comments. Section 3. That Subsection 2.4.3(x), "Fees", Sub-subsection (3), "Permit Fees", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (3) Permit Fees: Fees associated with permits are applicable per the following. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. No permit fees are included in the imposition of application fees. (a) Shrub Clearing Permit: -- one acre (b) Tree Removal Permit: $100 and $10 for each additional acre $ 25 per tree Where a tree has died due to natural causes including disease, lethal yellowing, freezing temp., lightning and storms, ar if the tree is of a prohibited species, there shall be no permit fee even though inspection and permit requirements shall be met. $ -0- (c) Temporary Use, not requiring City $ 150 Commission action (e.g. Tents) (d} Mitigation Verification Affidavit $25 ORD. NO. 33-09 (e} Work in the Public Right-of--way $15 (f) Renewal/Extension of Permit $150 (g) Signs and Signing Application Fee $25 Permit Fee, non-electric $21 sq. ft. l face Permit Fee, electric $20 Plus $2 / sq. ft. /face {h) Permits for new buildings and additions which include all the following items: * Building Permit * Electrical Permit * Plumbing Permit * Mechanical Permit * Roofing Permit For permit activity valued at $1,000 or less: -- Minimum fee of: $Sd -- Plus: $30 per required inspection -- Plus: $SOperreinspection (1) -- Plus: $100 leach change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of:$SO and $20 per each additional $1,000 of value, or fraction thereof -- Plus: $50 per reinspection (1) -- Plus: $100 leach change of contractor (i) Permits for miscellaneous items such as driveways, fences, reroofs, pools, utility sheds, patios, sidewalks, landscaping, irrigation: For permit activity valued at $1,000 or less: -- Minimum fee of: $40 -- Plus: $30 per required inspection -- Plus: $50 per reinspection (1) -- Plus: $100 leach change of contractor ~ ORD. NO. 33-09 For permit activity valued at $1,001 or more: -- Minimum fee of: $40 and $20 for each additional $1,000 of value or fraction thereof -- Plus: $50 per reinspection (1} -- Plus: $1001each change of contractor (j) Permits far sub trade work including, but not limited to: * Site work * Structural Pest Control * Underground Fuel Tanks * General Construction * Subcontracts for General Construction For permit activity valued at $1,000 or less: -- Minimum fee of: $50 -- Plus: $34 per required inspection -- Plus: $50 per reinspection (1) -- Plus: $1001each change of contractor For permit activity valued at $1,001 or more: -- Minimum fee of: $50 -- Plus: $40 for each $1,000 of value or fraction thereof -- Plus: $50 per reinspection (1) -- Plus: $100 leach change of contractor (k} Moving of a building or structure: $400 (1) Demolition of single family residence: $250 Demolition of commercial structure: 250 for eve 5 000 s . ft. Demolition of commercial accessory building. $ 150 per building Interior demolition for sin le famil & commercial onl •non-structural 200 (m) Drilling or Driving a Potable well: $70 {n} Change-out Permits: A change-out permit is for work by asub-trade contractor ar qualified owner-builder which involves the repair or replacement ofminor components. Minor components include, but are not limited to, showers, sinks, water heaters, air- conditioning condenser units, air-handlers, heat strips, minor duct repair, electrical 7 ORD. NO. 33-09 fixtures, electrical service upgrades, pool pumps, irrigation systems pumps and accessories, and ceiling fans. Value of less than $200: $ -0- Value of $200 to $1,000: $50 Value greater than $1,000 per normal permit (o) Certificate of Occupancy: -- Conditional Certificates: $700 (p} Penalty for failing to call for a final inspection: $100 {q) Penalty where work is begun without a permit: Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be tripled. The payment of such triple fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work, nor from any other penalties prescribed herein. {r} A11 service stations, grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs and/or clubhouses in residential communities shall be permitted to install generators and all appurtenances related to generators including fuel storage areas and screening and all permit fees for installation shall be waived. {s) Construction Trailer: $250 each plus sub trade permits {t) Sales Trailer: $750 each plus sub trade permits. (u) Accessory Buildings_ Pre-Fab: Up to 36 sg. ft: $ 50 + $30_per required_inspection 37 sq. ft. and above: $100 + $30 per required inspection Site Built: Up to 36 sq. ft.: $100 + $20 per require_d_ inspection 37 sq. ft. and above: $150 + $20 per required inspection (v) Electrical Inspection of Unoccupied Property for Meter .Installation: Residential $250 Commercial $300 {w) Electrical "Temp for Test" 30-day Power Release: 8 ORD. N0.33-09 v~ to 2000 sa. ft. X100 ?,aoo sq. ~. to s,oao sq. ft. __ __~lso s 001 s . ft. to s 0 000 s . ft. 200 50,001 sa. ft. and over $300 NOTE {1}: Reasons necessitating additional inspection fees include, but are not limited to: * The work, or correction to previously inspected work, does not meet code requirements; * An incorrect address is on the application by action of the applicant; * The work, or correction to previously inspected work, is not ready for inspection at the time specified in the application for reinspection. 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 decisian 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 became effective immediately upon its passage on second and final reading. 1 ~^ . ASSED AND ADOPTED in regular session on se and final readin on this the ~~ day of , 2009. ~~h MAYOR ATTEST L C.~ ~ ~ ~ City Clerk First Reading ~~ Second Reading ~ ~ ~~ ORD. NO. 33-09 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 28, 2009 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF AUGUST 4, 2009 ORDINANCE N0.33-09 (SECOND READINGISECOND PUBLIC HEARING}. ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider acity- initiated amendment to the Land Development Regulations (LDR) 2.4.3(K}, "Fees", Sub-subsection (1), "Development Applications", Sub-subsection (3}, "Permit Fees", to provide for an increase in such fees. BACKGROUND At the first reading on July 21, 2009, the Commission passed Ordinance No. 33-09. RECOMMENDATION Recoxnamend approval of Ordinance Na. 33-09 on second and final reading. http://miweb001/Agendas/Bluesheet.asp~?ItemID=2425 &MeetinglD=214 817/2009 ORDINANCE NO. 33-09 AN ORDINANCE OF THE CITY COMMISSION Op' THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SUBSECTION 2.4.3(K}, "FEES", SUB-SUBSECTION (I), "DEVELOPMENT APPLICATIONS", SUB-SUBSECTION (3), "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN SUCH FEES; 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 .tune 15, 2009 and voted 4 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 Subsection 2.4.3(K), "Fees", Sub-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: _ (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 X98 2 62S (b) Review of a ADAIDRI ~ Modification of a DRI $--~1~ {c) Voluntary Annexation with Zoning X93{-4) 1 160 4 {d) Rezoning of Land $---989 2 100 (e} Modification of a SAD Ordinance to add a use or uses ~ X999 2 100 (f) Conditional Uses, New Application $--~99 1 575 Modification requiring Board Review X1-9 640 {g) Master Plans ~'~(1-) $1 275 1 Master Plan Modification (S) (h} Formal review of a Sketch Plan [Section 2.4.1(B}] 9 640 (i) Similarity of Use ~- 320 (j) Site Plan Review: Class I (Non-Impacting Modification) $---~8 115 Class II (Non~Impacting with Board Review) $-~~ 240 Class III (Minor Modification) ~--359~f} 580 1 Class IV (Major Modification} ~} 960 1 Class V (New Submission) ~ 1~-~1} 1275 1 (k) Extension requests for a previous conditional use, site plan or master develaprnent plan (12) Class I Site Plan Modification ~-----3~ $ 60 Class II Site Plan Modification $-x-13 $ 120 Class III Site Plan Modification ~--~~ $ 290 Class IV Site Plan Modification $--~-4~8 $ 455 Class V Site Plan ~---~8 $ G40 Master Development Plan $--1~-1-~ $ 64fl Master Development Plan modification {5) Conditional Use $--739 790 Conditional Use Modification ~--•-~9~ 320 Certificate of Appropriateness for Minor Development $ 30 Certificate of Appropriateness for Major Development $ 280 {1) Plats Minor Subdivision {-1-) 960 1 Major Subdivision ~~82~F1} 1 920 1 Plat Recording Pee {3) 2 ORD. N0.33-09 (m} Abandonments Right-of--way $---~9 790 General Easements $-~-----~9 390 Specific Easements $------1-~8-5 195 {n} Master Sign Program $--~---1~9 160 {o} Variances Board of Adjustment $--~99 S2S Historic Preservation Board $ 2S0 (p) Formal interpretation by the Board of Adjustment $---CB (per item} x-68 65 (q) Certificate of Appropriateness by Board {14) Minor Development $ 60 (2) Major Development $ 555 {~} (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 ~~ (per item} ~ ~0 65 (u) Temporary Use Request involving City Commission ~- ~~ 140 AGtlon (v) Water Service Agreement Request - - without concurrent site plan ~----1-39 140 - - with concurrent site plan $ 0 (w) Land Development Regulations Text Change X599 1 575 (x} Waivers and Internal Adjustments 8 140 per request {6} $~ 265 per request {7} {y) Appeals by Applicant ~-~~ 355 {8} (z} Advertising {9) 3 ORD. N0.33-a9 (aa} Zoning Verif cation Letter Interpretation of existing LDRs Requiring Research for Previous Development Activity (bb) North Beach/Seagate and Ocean Neighborhood Overlay District Review (cc) Application Fee for In-Lieu Of and Public Parking Fee Requests (dd) Ad Valorem Tax Exemption {Review Concurrent with COA Review) Ad Valorem Tax Exemption {Review after CO received for approved development) (tee) Re-Submittal Fee will be charged on the 3rd and subsequent re-submittals (ff? Lega_1_Review of Documents. (per document) 60 ~ 130 plus $35 per hr in excess of 2hrs $ 1,560(1) $,-z'~) 240 10 $ 60 $ 200 (15) lsa (~~) Ap,piicant's request. for_PostponemcntlContinuance(per request) 75 {hh) Stand Alone Bars flier request) NOTES: SO (1) Plus an additional fee of $100 per acre, (or ~} fraction thereof), beginning at 3.01 acres; or 100 for each new 10,000 sq. ft. {or fraction thereof} above 100,000 sq. ft. of non-residential or mixed-use floor area• or 50 for each new 10 residential units or fraction thereo above 100 units whichever is reater up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which maybe applicable to the request. (3) $30.00 for the first sheet of the plat, $15A0 far each additional sheet, or as modifed 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 far sites under one (1) acre in size. (S) 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. 4 ORD. N0.33-09 (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. (i 5) Re-Submittal fees are only assessed if the 3rd,,and subsequent re-submittals are required because initial technical comments were not addressed in previous„slhmittals and are not a result of new comments or revised proposals necessitated by staff comments. Section 3. That Subsection 2.4.3{x), "l"ees", Sub-subsection (3), "Permit Fees", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (3} Permit Fees: Fees associated with permits are applicable per the following. All fees are cumulative and separate unless otherwise indicated. Combined applications shall provide multiple fees. No permit fees are included in the imposition of application fees. (a} Shrub Clearing Permit: -- one acre $100 and $10 for each additional acre (b) Tree Removal Permit: $ 25 per tree Where a tree has died due to natural causes including disease, lethal yellowing, freezing temp., lightning and storms, or if the tree is of a prohibited species, there shall be no permit fee even though inspection and permit requirements shall be met. $ -a- (c) Temporary Use, not requiring City $ 150 Commission action {e.g. Tents} {d) Mitigation Verification Affidavit $25 5 ORD. N0.33-09 {e) Work in the Public Right-of--way $1S {fi) Renewal/ExtensionofPermit $150 {g) Signs and Signing Application Fee $25 Permit Fee, non-electric $21 sq. ft. l face Permit Fee, electric $20 Plus $2 / sq. ft. l face {h) Permits for new buildings and additions which include all the following items: * Building Permit * Electrical Permit * Plumbing Permit * Mechanical Permit * Roofing Permit For permit activity valued at $1,000 or less: -- Minimum fee of: $50 -- Plus: $30 per required inspection -- Plus: $50 per reinspection (1) -- Plus: $100 leach change of contractor For permit activity valued. at $1,001 or more: -- Minimum fee of:$SO and $20 per each additional $1,000 of value, or fraction thereof -- Plus: $50 per reinspection (1) -- Plus: $100 leach change of contractor (i) Permits for miscellaneous items such as driveways, fences, reroofs, pools, utility sheds, patios, sidewalks, landscaping, irrigation: For permit activity valued at $1,000 or less: -- Minimum fee of: $40 -- Plus: $30 per required inspection -- Plus: $50 per reinspection (1) -- Plus: $1001each change of contractor 6 ORD. N0.33-09 For permit activity valued at $1,001 or more: -- Minimum fee of: $40 and $20 for each additional $1,000 of value or fraction thereof -- Plus: $50 per reinspection (1} -- Plus: $1001each change of contractor {j) Permits for sub trade work including, but not limited to: * Site work * Structural Pest Control * Underground Fuel Tanks * General Construction * Subcontracts far General Construction For permit activity valued at $1,000 or less: -- Minimum fee of: $50 -- Plus: $30 per required inspection -- Plus: $50 per reinspection (1) -- Plus: $100 leach change of contractor For permit activity valued at $1,001 or more: -- Minimum fee o£ $50 -- Plus: $~10 for each $1,000 of value or fraction thereof -- Plus: $50 per reinspection (1) -- Plus: $100 leach change of contractor (k} Moving of a building or structure: $400 Demolition of_st_ngle family residence: $250 Demolition of commercial structure: $250 for every 5,000 sq. ft. Demolition of commercial accesso buildin 150 er buildin Interior demolition for sin le famil & commercial onl •non-structural 200 {m) Drilling or Driving a Potable well: $70 {n) Change-out Permits: A change-out permit is far work by a sub-trade contractor ar qualified owner-builder which involves the repair or replacement of minor components. Minor components include, but are not limited to, showers, sinks, water heaters, air- conditioning condenser units, air-handlers, heat strips, minor duct repair, electrical 7 ORD. N0.33-Q9 fixtures, electrical service upgrades, pool pumps, irrigation systems pumps and accessories, and ceiling fans. Value of less than $200: $ -0- Value of $200 to $1,000: $SO Value greater than $1,000 per normal permit (o) Certif cote of Occupancy: -- Conditional Certificates: $700 (p) Penalty for failing to call for a hnal inspection: $100 (q) Penalty where work is begun without a permit: Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be tripled. The payment of such triple fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work, nor from any other penalties prescribed herein. {r} All service stations, grocery stores, kidney dialysis centers, pharmacies, residential buildings with elevators, country clubs andlor clubhouses in residential communities shall be permitted to install generators and all appurtenances related to generators including fuel storage areas and screening and all permit fees for installation shall be waived. {s) Construction Trailer: $2S0 each plus sub trade permits {t} Sales Trailer: $7S0 each plus sub trade permits. (u) Accessory Buildings:. Pre-Fab: Up to__3.6 sq._ft: $ SO + $30 per required inspection 37 sq. ft. and above: $100 + $30 per required inspection Site Built: U to 36 s . ft.: 100 + 20 er re aired ins ection 37 s . ft. and above: 1 SO + 20 er re wired ins ection (v) Electrical Inspection of Unoccupied Property for Meter Installation: Residential $250 Commercial $300 w Electrical "Tern for Test" 30-da Power Release: 8 ORD. NO.33-D9 up to 2oaa sq. ~. $lao Z,aoa s~. ~. to s.ooo sq. ft. $lso s.aal sg. ft. to so,ooo scl. ft. $200 50 001 sg. ft. and over , ,,,,,,,,,,,,_$300 NOTE (1): Reasons necessitating additional inspection fees include, but are not limited to: * The work, ar correction to previously inspected work, does not meet code requirements; * An incorrect address is on the application by action of the applicant; * The work, or correction to previously inspected work, is not ready for inspection at the time specified in the application for reinspection. 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. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST MAYO R City Clerk First Reading Second Reading 9 ORD. N0.33-09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: July 10, 2009 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF JULY 21 2009 ORDINANCE N0.33-09 FIRST READINGIFIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations Section 2.4.3(K)(1) &(3) to provide for an increase in the Development Applicatian Fees and Permit Fees. BACKGROUND During the process to change the fee schedule in 2003, the City Commission directed staff to process changes as needed every two years. Increases in development application fees were processed in 2005 and 2007. While there have been several recent fee adjustments to individual applications, the last overall re-evaluation and adjustment of the fees was approved by the City Commission on August 21, 2007. Staff has researched adjacent municipality fee schedules for similar development activities and has determined that an additional increase in the Development Application fees of 5% is justified. This increase would place the City of Delray Beach's fees comparatively closer to the fees charged by the adjacent municipalities. It should be noted however that the application fees far developments within historic districts or far individually designated historic properties will remain unchanged. The current fees are commensurate with adjacent municipalities. The amendment also eliminates the DRI (Development of Regional Impact) fee as this application type has been eliminated by the Florida Legislature (Senate BiI1360). The proposed amendment also establishes a new fee of $150.00 for legal review of documents, a fee of $75.00 for an applicant's request for postponement or continuance at the Board meeting, a fee of $50.00 for "stand alone" bar requests, and a re-submittal fee of $200 to be charged on the 3rd and subsequent re-submittals of the development proposals. In the past, staff has periodically reviewed applications which have required more than two revisions prior to proceeding to the Board. In those cases a full re- review by all staff disciplines and outside agencies is required, thus surpassing the review costs associated with the initial application fee. Modifications are also proposed to the sliding fee structure http:l/miweb001/Agendas/Bluesheet.aspx?ItemID=2380&MeetinglD=213 7/28/2009 Page 2 of 2 for site plans, master plans and plat applications for parcels which contain less than 3 acres but may have floor areas in excess of 100,000 sq. ft. or contain over 100 residential units. The amendment adds a sliding fee of $100 per each 10,000 square feet (or fraction thereof) in excess of 100,000 sq. ft. or an additional fee of $50 for each ten (10) units (or fraction thereof) over 100 units far a maximum of $3,000.00 per project. Additionally, the fee for zoning verification letters has been modified to establish a two tier system. The costs for zoning verification letters pertaining to the interpretation of the existing LDRs for a specific use will be $60.00 (one-half reduction of the current fee}. However, requests for zoning verification letters that require research pertaining to previous development activity will be assessed the base fee of $130.00 plus an additional fee of $35 per hour for research exceeding 2 hours. Finally, the proposed ordinance also modifies permit fees pertaining to demolitions by creating specific categories as opposed to the current overall flat fee and adds new fees for accessory buildings, electrical inspection for unoccupied properties and electrical "temp for test" 30-day power release permits. Additional background and analysis is provided in the attached Planning & Zoning Board Staff Report. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on June 1 S, 2009. The Board requested that the re-submittal fee of $200 be clarified so that such fee would only be assessed if the 3rd and subsequent re-submittals are required because initial technical comments were not addressed in previous submittals and are not a result of new comments ar revised proposals necessitated by staff comments. No one from the public spoke on the issue. The Board unanimously recommended approval on a 4 to 0 vote (John Miller, Chuck Halberg and Deborah Dowd absent}, 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, approve the City-initiated amendment to Land Development Regulations Section 2.4.3(K) (1)&{3} to provide for an increase in the Development Application Fees and Permit Fees, 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 the criteria set forth in LDR Section 2.4.5{M)(S). Attachments: - Ordinance No. 33-09 - Planning and Zoning Board Staff Report of June 1 S, 2009 httpa/miweb001/Agendas/Bluesheet.aspx?ItemID=2380&MeetingID=213 7/28/2009 s ~;'_ AGENDA NO: V. B. AGENDA ITEM: AMENDMENT TO THE LAND DEVELOPMENT REGUI"ATIONS SECT3ON 2,4.3{K){'t}&{3) TO PROVIDE FOR AN INCREASE IN THE DEVEL©PMENT APPLICATION AND PERMIT PEES. .~ .~:- ~- The item before the Beard is that of making a recommendation to the City Commission regarding an amendment to the Land ©evelopment Regulations {LDRs) to increase the land development application and permit fees pursuant to LDR Section 2.4.5{1lll}. Pursuant to Section 'I.1.6{A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. This amendment is to Section 2.4.3 {K){1)&({3} which outlines the current fee schedules for "Development Applications" and "Permit Fees"_ During the process to change the fee schedule in 2003, the City Commission directed staff to process changes as needed every two years. In 2005, and~again in 2007 LDR amendments were processed that increased the development application fees by 5°/a. In addition, the proposals, included significant adjustments for processes that were undervalued such as requests for zoning verification letters and included a new fee for a Certifiicate of Appropriateness {COA) as it related to demolitions, new construction and additions in historic districts that required Board review. In 2007 larger increases were also adopted far Amendments to the Comprehensive Plan, Rezoning, Amendments to the Land Development Regulations, Conditional Uses, Abandonment of rights-of way and Variances. The proposed Changes also included a new fee for advertising casts that required the applicant to pay for all the advertising casts, including newspaper publications, and to provide self addressed envelopes with the required postage for mailed notices prior to the hearing before a Board or the City Commission. This is a common requirement of other municipalities. Subsequently, several fee adjustments have been made to individual application requests. On February 19, 2008, increases were adopted for "Single Family Overlay District Review" to compcnsa#e far staff review and transmittal of plans by Fed>/x to Urban Design Studio as well as creating a separate fee for both the Conditional Use extension request and Site plan extension request when associated with a single project. On September 16, 2008, a foe schedule was established for all extension requests (approximately half the initial application fee} and on January fi, 2009, new fees were established far requests for changes in historic classiflcatians andlor designations and ad valorem tax exemption requests far historic properties. On February 17, 20l)9, the North 6eachlSeagate and Ocean Neighborhood Overlay District Review fee was increased to MEETING OF: JUNI~ 15, 2UQ9 - .:<t Punning and Zoning Staff Report -June 15, 2009 LDR Text Amendment -Land Developmen# Application and Permit Fees accommodate an increased in the contract agreement with the new "Urban Design Kilday Studios" for their design manual compliance review. On May 19, 2009, a fee for extension requests for master plans was added. ©evelooment Application l=ees Historically, Defray Beach has been a# the low end of the fee schedules in comparison to our neighboring municipalities, As stated above while several modifications have been recen#ly made t4 individual categories, an overall increase has not been considered since 2007. It shauld be noted that Palm Beach County recently adopted a new fee schedule that provides automatic increases every year for the next three years. Staff researched adjacent municipalities fee schedules for similar development activities and determined that an increase in the >~evelapment Application fees of 5°l~ is justified {the fees have been rounded up In increments of five dollars x$5.00}. This increase would place the Ci#y of Delray Beach's fees comparatively closer to the fees charged by the adjacent municipalities. l# shauld be noted however that the application fees far developments within historic districts or far individually designated historic properties will remain unchanged. The current fees are commensurate with adjacent municipalities. The amendment also eliminates the DRl (Development of Regional impact) fee as this applicatiort type has been eliminated by the Florida Legislature {Bill 360}. The proposed amendment establishes new fees for legal review of documents, requests for postponement or continuation at the Board meeting by an applicant, a re-submission fee after the second revision, and far ustand alone" bars requests. Review of legal documents such as unity of titles, right-of v~rayleasement deeds, hold harmless and maintenance agreements necessitates additional review by the City Attorney's office and associated recording fees. As such a fee of $150.00 for each document is proposed. 1=stablishing a fee for an applicant's request for continuance of an action at a Rvard meeting is warranted as additional staff time to review revised submittals and to create new staff reports result in additional costs to the City. Thus, a new fee of $75.00 is proposed for each continuance. In the past, staff has periodically reviewed appHcatians which have required more than two revisions prier to proceeding to the Board. In those cases a. full re-review by all staff disciplines and outside agencies are required #hus, surpassing the review costs associated with the initial application fee. In addifaon to being a new source of revenue, it is also hoped that it will serve as a deterrent to submitting incomplete or inadequately prepared submittals. The fourth new fee proposed pertains to applications for "stand alone" bars, The LDRs establishes procedures for an application fora "stand alone" bar request which includes review of a written request, issuance of a letter confirming legal status and in cases of competing requests, preparing Planning and Zoning Board and City Commission reports outlining required findings of LDR Section 2.4.5(E). However, a processing fee has never been assigned for this process, This amendment recommends a fee of $ 50.00 for each application request. The proposed amendment also modifies the sliding fee structure for site plans, master plans and plat applications and adds a sliding fee based on floor area for non-residential or mixed-use projects and a sliding fee for larger residential projects based on the number of units. Currently, a sliding fee based on acreage is applied to sites greater than 3 acres with a maximum project fee of $3,000.00. However, sites less than three acres {3} that may have float areas in excess of 100,000 sq. ft. or residential units over 100 units that demands excessive staff processing are not being assessed a sliding fee and are subject to the same base fee far smaller developments. The proposed amendment establishes a sliding fee of $100 per each 10,000 square feet (or fraction 2 Planning and Zoning Staff Report --.lone 15, 2DD9 l_DR Text Amendment -Land Development Application and Permit Fees thereof) in excess of 100,D00 sq. fit. or an additional fee of $50 #or each ten (1D} units (or fraction thereof) over 1bD units for a maximum of $3,g00.D0 per protect. With the new fee a commercial development consisting of 200,000 square feet would be assessed a total processing fee of $2,275.Q0 {$1,275.00 base fee plus an additional $1,DOO.DD} compared with $1,275.DD if the sliding fee was not introduced. With the introduction of the sliding fee a new residential developments consisting of 250 residential units would be assessed a total processing fee of $2,D25 ($1,275.D0 base fee plus an additional $750.00} as opposed to $1275.D0 if the sliding fee was not introduced. Noted below are the siding fee schedule for the City of Boca Raton and the City of Boynton Seach. Ci of Boca Futon site lan a royals in all districts structure size ins uare feet: D-4,999 $1,761.OD 5,040-14,999 $2,315.DD 15,000-over $2,882.00 City of Boonton Beach (Now site plans or Maior Site Plan Modification total proiect sg. ff. Up to 2,999 $750 ,DOD-14,999 $1,ODD 15,ODD-49,QOD. $1,5DD 50,000-149,OD0 $2,000 150,DDD-499,999 $2,500 50D,OD0 + $3,000 Finally, the fee for zoning verification !effete has been madifed to establish a two tier system. The costs for zoning verification [afters pertaining to the interpretation of the existing t.DRs for a specit3c usa will be $6D.OD (one-half reduction of the current fee). However, requests for zoning verification letters that require research pertaining to previous development activity will be assessed the base fee ofi $130.Q0 plus an additional fee of $35 per hour for research exceeding 2 hours. 3 The Table below provides a comparison of the proposed ne~rv fees vs-ith a#her Municipalities. Planning and honing Staff= Report--June '15, 20Q9 LDR Text Arriendment -Land Development Appficafian and Permit Fees Permit Pees The proposed ordinance also modifies permit fees pertaining to demolitions by creating specific categories as opposed to the current overall fiat fee as well as add new fees fnr accessory buildings, electrical inspection for unoccupied properties and electrical "temp for test" 3Q-day power release permits. Pursuant to LDR Section Z.4.~(1Vl}(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. Courtesy 1Vntices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Gauncil ^ Progressive Residents of C}elray (PROD} ^ Chamber of Commerce Letters of abjection and support, if any, will be provided at the Planning and zoning Board meeting. - _ ~~ '~ - - By motion, recommend to the Gity Commission approval of the amendments to' the Land Development Regulations Section 2.4.3(K)(~}&(3) regarding proposed increases fo the 1~and Development Application Fees, and Permit Fees, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set fnrfh in Section 2.4.a(M) of the Land Development Regulations. Attachment: ^ Proposed Ordinance 4 rL~ f !1 ~~.i~~ U ~C.~ 1.1 +'~-~i ` _ . .. ~ - r, ORT)INANCtM.hlt?. 3$-fl9 tREV~~.+r`1~~~~ The City Commission of the City of Delray Beach, Florida, proposes to adopt the following ordinances: ORDWAiVCE NQ. 32-Q9 RN ORDINANCE OF THt= CITY COMMISSION OF THE CITY OF gELRAY BEACH, FLORIDA, AMENDING THE LAND gEVELOPMENT REGULATIONS OF THE CITY OF DELRAY t31=ACH, FLORtgA, t3Y AMEtVDtNG SECTION 4.4.13, "CENTRAL BUSINESS (GBDJ DISTRICT", SUBSECTION (8), "PRINCIPAL USES AND STRUC- TURES PERMITTED", TO CLAft11=Y THAT PUBLIC OPEN SPACEIPLA7A IS A PEKNITTED USE IN THE CEN"f'RAL BUSINESS DISTRICT; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN Et=FECTIVE IJATE. ~ . t}RQINANCE N0.33-D9 . , . AN ORDINANCE OF THE CITY COMMIS5ION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY DF g1wLRAY BEACH, FLORIDA, L3Y AMENDING 5UB5EC- TION 2.4.3(K}, "t=EES", SUt3-5UB5ECTION ('I), "D1rVEL OPMENT APPLICATIONSa, SUB-SUBSECTION . (3), "PERMIT FEES°, TO PROVIDt= FOR AN 3NCRI=ASE 1N SUCH FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, ANq AN EFFECTIVE DATE, QRt311VA~LCE N~1.35•fl9 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES,. BY RMENDLNG SECTION 4.6.9, °OFI=-STREET PARKING REQUIREMENTS", SUBSEC- TION ~Cj, "NUMBI=R OF PARKING SPACES REQIIiREI~", SU&SUBSECTION (8), "MULTIPLE USES", PARA- GRAPH (A}, "51~IARED PARKING", TO ALLflV~ITHE UT1LI- 7_ATION OF THE SHARED PARKING CAt_CULATIONS TABLE FOR MIXED-USE 13EVELOPMI=NTS ~IHEN A RESIDENTIAL USE 1S NOT PROVIDED, PROVIDING R SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, ANDAN EFFECTIVE DATE. AN ORDINANCE OF THE C1T1( C01~1MISSIt~N ~OF 7HE CITY Ot" DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, 8Y AMENDING SECTION 4.3.4, °13A5E ~ DISTRICT: DEVELOPMENT STANDARDS", SUBSECTION (K),. "DEVELOPMENT STANC}ARDS MATRIX", TO CHANGE THE ~ MINIMUM 13UlLDING SETBACKS FOR THE. RESIDENTIAL OFFICE {RO) DISTRICT; PROVIDING A SAVING CLAUSi:~, A GENERAL REPERL.ER CLAUSE, AND AN EFFECTIVE DATE. The City Commission wilt conduct tiro (2~ Public Hearings far the purpose. of accepting public testimony regarding iha proposed. Ordinance. "t"he first Public Hearing wilt be hetd on TtIESDAY..1tJLY 29, 2009 AT ~fflO t? ~f, in the Commis- sion Chambers at City Na11,10fl N.W. 1st Avenue, Delray Beach,l=lorida.. If the proposed ordinance Js passed an first reading, a second Public Hearing +h+ill be held an Tt1ES. DAI: ALIGtJ$T ~4. 2009 AT 7:00 C? M, (ar at any ~eantinua- ticin ofsuch meeting which is set by the Commission] in the Commission Chambers at City Ha11,100 N,W.1 st Buenos, Delray Beach, F[orlda, Atl interested ci#izens are ihvltsd to attend the public hearings and comment upon the proposed ordinance or submit their comments Ln writing on or before the date of these hearings to the Planning and-zoning Departmen#. For furtherlnfarmatian or to obtain a copy at the proposea ordinance, please etintact the Planning and ~oning Depart merit, Clty~~~Hatl; ~10~ N.W. 1st Avenue, Delray Beach, Florida 33444 (email at pzmail@mydolraybeach.cvm~ ar by calling 5611243-7E14©}, 5etween.the hours of $:©fl a,m, and 5:00 p.t~,, Man~ay threugh Friday, excluding holidays, Wlease ~~e;~advi5ed thatif~a persiindecides to~~appeat any decision mods` kiy the City Cbmiftisstofi v~ith res~pact to any matter considered a#.these. Learings,: such person may . need to• ensure that a verbatim ~rectird~~includes; the testimony and',evidence upon which the: appeal is tq~be based.- Tlie Cify does itot p`ro~ide. Liar prapar~e`siicl'reeord pursuanf ta..FS: 28E~.0105.-.: ~.::.: ~ . CITY OP DELRAY BEACH . ~ .. . _ Chevelle D. Nubin, CMC.~ :: ~: ; :.•.:: ~ _ City Clerk.,:.,... ~':... ~< ~ ...`:: ` ..:.:..::.::.~. -:.:::::: ~.~•: ~:.: .. .. PLIBI.ISI~::. Tuesday; duly 14;2fl1)3i .:.,- : _,.~ :,.~:: ~ .:. ;:: :..~.:`ff`iursday, July ~n~~ ~tlQ9~'...:: ~:..:. ~. I~elrayBeaC5lBoca R;~#ori New~~ . ~. `::~:: `