Ord 52-09ORDINANCE NO.52-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING THE CREATION OF
NEIGHBORHOOD IMPROVEMENT DISTRICTS BY THE ENACTMENT
OF A SEPARATE ORDINANCE FOR EACH DISTRICT; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTT~E DATE.
WHEREAS, Section 163.501, F.S., through Section 163.526, F,S., also known as the Safe Neighborhood
Improvement Act (the '"Act"}, provides a mechanism whereby local governments may create certain types of
neighborhood improvement districts; and
WHEREAS, the expressed purpose of such districts are to "promote the health, safety, and general welfare
of [those] areas and their inhabitants, visitors, property owners, and workers; to establish, maintain, and preserve
property values and preserve and faster the development of attractive neighborhood and business environments; to
prevent overcrowding and congestion; to improve ar redirect automobile traffic and provide pedestrian safety; to
reduce crime rates and the opportunities for the commission of crime; and to provide improvements in
neighborhoods sa they are defensible agaixist crime"; and,
WHEREAS, the Act provides amulti-step process to create a Neighborhood Improvement District,
beginning with the adoption of a local planning ordinance by a municipality authorizing the creation of a specific
type of district; and
WHEREAS, subsequent to the adoption of this local planning ordinance, the City Carntriissian anticipates
the consideration and adoption of a second ordinance providing for the actual creation of a Local Government
Neighborhood Improvement District pursuant to Section 163.506, F.S.; and
WHEREAS, the City Commission finds the adoption of a local planning ordinance as the first step towards
the creation of Local Government Neighborhood Improvement District to be in the best interests of the citizens
and residents of the City.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed local
planning ordinance at a public hearing held on September 21, 2009 and voted 7 to 0 to recommend that the changes
be denied; 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 not consistent with and does not further the goals, objectives
and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach adapts the findings in the Planning and
Zoning Staff Report; and
WHEREAS, the City Conxnussion 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. The foregoing recitals are hereby ratified and confirmed as being true and correct and are
hereby made a specific part of this Ordinance upon adoption hereof.
Section 2. The City Commission of the City of Delray Beach, Florida hereby adopts this local planning
ordinance pursuant to Chapter 163, Florida Statutes, authorizing the creation of Neighborhood Improvement
Districts within the City. The City hereby further specifically authorizes the creation of a Local Government
Neighborhood Improvement District pursuant to Section 163.506, F.S.
Section 3. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, clause 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 hereof other than the part declared 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 upon its passage on second and final re ding.
PASSED AND A OP E ~~
D T D in regular session on sec and final reading n thts the
of 1J ~SL1.'~,..~~._131.5! , 2009.
MA
~A`TTEST: ~~ ~'~,
City Clerk ~ (~p~
First Reading ~~ 1.~. `-F ~
Second Reading ~ V c~~ ~
day
2 ORD NO. 52-09
Page 1 of 1
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: October 13, 2009
SUBJECT: AGENDA ITEM 10.G. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009
ORDINANCE N0.52-09
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider an ordinance authorizing the
creation of local government Neighborhood Improvement Districts pursuant to Florida Statute 163.506.
BACKGROUND
At the first reading on October 6, 2009, the Commission passed Ordinance No. 52-09.
RECOMMENDATION
Recommend approval of Ordinance No. 52-09 on second and final reading.
http://miweb001/Agendas/Bluesheet.aspx?ItemID=2732&MeetingID=222 10/21/2009
ORDINANCE NO.52-09
AN ORDINANCE OF THE CITY COZti~SSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CREATION OF NEIGHBORHOOD INll'ROVEMENT
DISTRICT'S BY THE ENACTMENT OF A SEPARATE
ORDINANCE FOR EACH DISTRICT; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WI~[EREAS, Section 163.501, F.S., through Section 1G3.526, F.S., also lmawn as the Safe
Neighborhood Improvement Act (the "Act" ), provides a mechanism whereby local goverr~rnezlts may
create certain types of neighborhood impravernent districts; and
WHEREAS, the expressed purpose of such districts are to "promote the health, safety, and
general welfare of [those] areas and their inhabitants, visitoxs, property owne7s, and worlcets; to
establish, maintain, and preserve property values and preserve and faster the c~velop`rr~nt of
attractive neighborhood and business environments; to prevent ozrercroc~~ing and congestion; to
unpinve or xedixect automobile traffic and provide F~~ts ion safety, to nee crirr~ rates and the
opportunities far the convnission of crime; and to provide improvements in neighborhoods sa they
are defensible against crime'; and
V"-~I~REAS, the Act provides a nnxlt%step process to cc~eate a Neighborhood Improveir~ent
District, beginning with the adoption of a local planning ornnce by a municipality autharizirig the
creation of a specific type of district; and
t~~~.EREAS, subsequent to the adoption of this local pl~~ruling ord'alance, the City
Conimissian anticipates the consideration and adoption of a second ord~ce providing far the
actual creation of a Local Government Neighborhood Improvement District pursuant to Section
163,50b, F.S.; and
UTI-AREAS, the City Comtsussion finds the adoption of a local p~n~ ordinance as the
first step ta~raards the creation of Local Gaven7lrient Neighborhood Improvement District to be in
the best interests of the citizens and residents of the City.
UJI~REAS, pursuant to LDR Section 1.1.6, the P1K~rming and Zoning Board reviewed the
proposed local plGinning ordinance at a public hearing held on September 21, 2009 and voted 7 to 0
to recorrus~end that the changes be denied; and
V'dHEREAS, 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 not consistent with and gibes
not further the goals, objectives and policies of the Conlprel~sive 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 QTY COMNIISSION OF THE
QTY OF DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. The foregoing recitals are hereby ratified and confim~ed as being tn.~ and
correct and are herebymade a specific part of this Ordinance upon adoption hereof.
Section 2. The City Commission of the City of Delray Beach, Florida hereby adopts this
local planning ordinance pursuant to Chapter 163, Florida Statutes, authorizing the creation of
Neighborhood Improvement Districts within the City. The City hereby further specifically
authorizes the creation of a Local Goven~lt Neighborhood Improvement District pursuant to
Section 163.506, F.S.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, clause 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
hereof other than the part declared 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 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 Qerk
First Reading
Second Reading
2 ORD N0.52-09
Page 1 of 2
11~IEMORANDUM
TO: Mayor and City Commissioners
FROM: Paul Dorling, AICP, Director Planning and Zoning
THROUGH; City Manager
DATE; October 1, 2009
SUBJECT; AGENDA ITEM 12 D -REGULAR COMMISSION MEETING OF CICTUBER 6 2009
ORDINANCE NO.52-09
ITEM BEFORE COMMISSION
The item before the commission is approval of an ordinance authorizing the creation of local
government neighborhood improvement districts as identified under Fla. Statute 1$3.506. If passed,
individual districts could then be created by separate ordinances.
BACKGROLTNTf
The creation of a neighborhood improvement district has been discussed as a possible solution to
address unique situations like fitnding of ongoing maintenance of neighborhood improvements like
those installed as part of Strategic Task Team neighborhood action plans. This can become a valuable
tool particularly for neighborhoods who are required to maintain common elements or improvements
and have only voluntary homeowners association without reliable budgets.
One such example is Chatelaine subdivision. In 2008, the City finished installation of $150,400 of
improvements associated with a Strategic Task Team neighborhood action plan, These improvements
included landscaping and signage for three entrances; installation of sidewalks; a roundabout; and other
traffic calming features, including chicanes and speed humps. These improvements were maintained by
the City for the first year and then became the maintenance responsibility of the neighborhood. This
neighborhood has a voluntary homeowners association which includes voluntary homeowner's dues.
The neighborhood has been unable to collect sufficient dues to adequately fund this maintenance
ob]igation, which is estimated to be approximately $10,000 annually. The association has now turned to
the City for help. As it would be inappropriate for the City to assume maintenance of these types of
improvements within individual neighborhoods, the City has explored alternatives including the
creation of these neighborhood improvement districts which could assess ad valorem taxes to fund
upkeep of neighborhood improvements.
If passed, individual districts could then be created by separate ordinances. These ordinances would
include the boundaries, size and name of the district, establish governing procedures, authorize the
district to receive planning grants from the state, and a11ow the local government to levy an ad valorem
http:/fmiweb041lAgendas181uesheet.aspx?ItemID=2696&MeetingID=220 10113/2009
Page 2 of 2
tax on real and personal property up to 2 mills annually for implementation of associated district
improvements.
REVIEW BY OTHERS
The proposed text amendment was not reviewed by the CRA {Community Redevelopment Agency) or
DDA {Downtown Development Authority). p'urther, special courtesy notices were not transmitted to
homeowner or civic associations given the general nature of the proposed text amendment. With the
creation of individual districts, more specific notification and input will be sought.
The Planning and Zoning Board reviewed the ordinance at their meeting of September 21, 2009. After
expressing concerns aver potential abuses {passing on additional tax burdens via this vehicle rather than
general tax revenue processes where additional scrutiny is rendered) and a general reluctance to create
any additional tax burdens, they unanimously recommended denial of the request on a 7-0 vote.
RECOMMENDATION
13y motion, approve on first reading Qrdinance No. 52-09, authorizing the creation of local government
neighborhood improvement districts as identified under 1~lorida Statute 163.506, 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) {5).
hitp:l/miweb001fAgendas/Bluesheet.aspx?ItemID=2696&MeetinglD=220 1011312009
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