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Ord 56-09ORDINANCE NO. 56-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TI-IE LAND DEVELOPMENT P:EGULATIONS OF THE CITY OF DELRAY BEACH, BY A,6rIENDING SECTION 6.3.3, "SIDEWALK CAFE", SUBSECTION (A}, "PERMIT AND FEES" TO CLARIFY THE COST OF THE SIDEWALK CAFE PERMIT AND TO ENACT A LATE RENEWAL FEE CHARGE; PROVIDING A SAVING CLAUSE, A GENFRAT" 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 September 21, 2009, and voted 7 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.31"74{4}{c}, the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and fiu~thers the goals, objectives and policies of the Comprehensive Plan; and ~~HE1tEAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and W.HER.Ii,AS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THCER7FORE, BE TT ORDAINED BY THE CITY COMMISSION OF 'I'fIE CITY OF DEI.RAY BEACH, FLORIDA, AS FOLLOW5: Section 1. That the recitations set forth above are incorpoxated herein. Sec 'on 2. That Section 6.3.3, "Sidewalk Cafe", Subsection {A}, `"`Permit and Fees", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (A} Pernut and Fees: It shall be uzilawful for any person to establish a sidewalk cafe at any site unless a valid permit to operate a sidewalk cafe has been obtained for that site, from the City pursuant to this Section. The permst shall be issued on a form provided by the City of Delray Beach. No pextnit shall be issued until all the requirements of this Section have been met. Permits shall not be transferable. (1) Each permit shall be effective for one year, from July 1s` until June 30s'. Any new .-Y:..... L. ~~. .........-~-..~ ..~ ~~ T.,~-. '~ St ...u..l.~ Tl.. ~....--L..... ~'~ Sf _-..~~ ~-_ Lt.. L-li .......L ...C Ll..,. a....e.,-.~4 Cr... and the ~l shall expire June 3Q°s of the following year. Any nevv permit application received after December 31~` will pay one-half of the cost of the permit fee and the permit shall expire June 30`'' of the same year. (2) The sidewalk cafe application fee is one hundred dollars ($100.00}. The permit fee is $3.00 per square foot of approved sidewalk cafe space. (3} Renewals of a Sidewalk cafe permit and payment of fees must be submitted and approved on or before July 1a` of each year. (4) Late Renewal Fee: If a renewa]~ayment is not submitted b~Ju1y 1$`, it shall be considered late and subject to a late fee of ten-nercent~l0%~, ~luT s an additional five-percent (~5%}, l,~te fee~yment is not received by the first of each„month thereafter until paid, provided that the total fee shall not exceed twentypercent 20%,). If a renewal pavm„~„ ent is not submitted b~July is`" the City has the right to immediately cancel the Sidewalk Cafe permit upon written nopce to the permit hglder. e Lion 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 ar part thereof other than the part declared to be invalid. section 4. That all ordinances ar parts of ordinances in conflict herewith be, and the same are hereby repealed. ection 5. That this ordinance shall become effective inunediately upon its passage on second and final reading. PASSE D ADC3P"TED in regular ession on second d final reading on this the day of 2009. A'l"]"EST M A City Clerk {,~ First Readin \1 Second Reading- ~~ ORD. I~tta. 5b-49 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 13, 2009 SUBJECT: AGENDA ITEM 10.I. -REGULAR COMMISSION MEETING OF OCTOBER 20, 2009 ORDINANCE N0.56-09 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to adopt a city initiated amendment to the Land Development Regulations (LDR) Section 6.3.3, "Sidewalk Cafe", Subsection (A), "Permit and Fees", to establish a late renewal fee for sidewalk cafe permits. BACKGROUND At the first reading on October 6, 2009, the Commission passed Ordinance No. 56-09. RECOMMENDATION Recommend approval of Ordinance No. 56-09 on second and final reading. http://miweb001 /Agendas/Bluesheet. aspx?ItemID=2736&MeetingID=222 10/21 /2009 ORDINANCE NO. 56-09 AN ORDINANCE OF THE CITY COIvIMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF TFIE CITY OF DELRAY BEACH, BY AMENDING SECTION 6.3.3, "SIDEWALK CAFE", SUBSECTION (A}, "PERMIT AND FEES" TO CLARIFY TFIE COST OF 'I~-~ SIDEWALK. CAFE PERMIT AND TO ENACT A LATE RENEWAL FEE CHARGE; PROVIDING A SAVING CLAUSE, A GEN~i,RAL REPP:ALER CLAUSE, .AND AN EFFECTIVE DATE. WHEREAS, pursuant tc> LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on September 21, 2009, and voted 7 to 0 to recommend that the changes be approved; and ~iTHEIt.EAS, pursuant to Florida Statute 163.3174{~}{e}, the Pl~~rtning 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 flan; and WF1E~~,,AS, the City Coxnrnission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and l'KTHEREAS, 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 CI'CY COMMISSION OF TI-IE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section . That Section 6.3.3, "Sidewalk Caf6", Subsection {A}, "Permit and Fees", of the Land Development Regulations of the City of T3elray Beach, Florida, be and the same is hereby amended to read as foIlows: (A} Permit and Fees: It shall be unlawful for any person to establish a sidewalk cafe at any site unless a valid permit to operate a sidewalk cafe has been obtained .for that site, from the City pursuant to this Section, The permit shaIl be issued on a form provided by the City of Delray Beach. No permit shall be issued until all the requirements of this Section have been met. Permits shall not be transferable. (1) Each permit shall be effective for one year, from July 1y` until June 30`". A_ny new permit ap~licatian received aftex July 1~` until December 31s` will pay the full cast of the permit fee and the permit shall expire June 30``' of the following,year. Any new permit application received after December 31'` will pay one-half of the cost of the permit fee and the permit shall expire June 30`x' of the same pear. {2) The sidewalk cafe application fee is one hundred dollars {100.00), The permit fee is $3.00 per square foot of appxoved sidewalk cafe space. (3) Renewals of a Sidewalk cafe permit and payment of fees must be submitted and approved on or before July 15k of each year ,~} Late Renewal Fee: Tf a xnewal payment is not submitted by ~uly 1"~ it shall be considered late and subject to a late fee of ten-percent {10°la~,, talus an additional hve-percent (5°la~ late fee if payment is not received by the first of each tn9nth thereafter until paid,_provtded that the total fee shall not exceed twenty=percent 0°~}. If a renewal pa~rment is not submitted by~u~ 18` the City has the .right to immediately cancel the Sidewalk Cafe permit upon written notice to the ermit holder. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repeated, Section 5. That this ordinance shaft become effective imediately upon its passage on second and final reading, PASSED AID ADOp'7."ED in regular session on second and final reading on this the day of 2009. ATTEST IVIAYOR City Clerk First Reading ~, Second Reading ORD. IdO.56-09 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: David T. Harden, City Manager DATE: October 2, 2009 SUBJECT: AGENDA ITEM 12.D. -REGULAR COMMISSION MEETING OF OCTOBER 6, 2009 ORDINANCE NO.56-09 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulation Section 6.3.3 "Sidewalk Cafe" Subsection (A) "Permit and Fees" to clarify the cost of a sidewalk cafe permit and to enact a late renewal fee charge. BACKGROUND Sidewalk cafe permits are issued for a period of one year from July 1st to June 30th. The proposed amendment clarifies the cost of permit applications when such applications are received after July 1st. Sidewalk permit applications received after July 1st until December 31st will pay the full cost of the permit fee. Any new permit receives after December 31st will pay one-half of the cost of the permit. The proposed ordinance also enacts a late renewal fee for renewal permits not submitted by July 1st. REVIEW BY OTHERS The text amendment was considered at the Planning and Zoning Board on September 21, 2009 in conjunction with the proposed permitting and plan check fee changes. At the Planning and Zoning Board meeting no one from the public spoke on the issue. The Board unanimously recommended approval on a 7 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. Following the Planning and Zoning Board meeting, upon a recommendation from the City Attorney this amendment was separated from the amendment pertaining to permitting and plan check fees as it dealt with a separate LDR Section. RECOMMENDATION By motion, approve on first reading Ordinance 56-09 for a City initiated amendment to the Land Development Regulations Section 6.3.3 "Sidewalk Cafe" Subsection (A) "Permit and Fees" to clarify http://miweb001/Agendas/Bluesheet.aspx?ItemID=2699&MeetingID=220 10/13/2009 Page 2 of 2 the cast of a sidewalk cafe permit and to enact a late renewal fee charge, 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. Attachments: Ordinance No. 56-09 Planning and Zoning Board Staff Report of September 21, 2049 http:l/miweb001/AgendaslBluesheet.aspx?ItemID-2699&MeetingID=~24 l 011312409 _ ~ _ ~~.. ~~ ~. P1~INNING AND ZON11~~~~RD - - ._~~ _ ~11f EtVf QRA N D U M STAF~`C ---- -_ _ _ ~ .-.:~ I _ _'- _ ~ - - ~. ~ _-~.y--~ - - - _~ MEETING OF: SEPTEMBER 21, 2aa9 AGENDA NO: IV.D AGENDA ITEM; CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULA71ONS SUB-SECTION 2.4.3{K} "FEES", SU13-SUBSECTION {1} "DEVELOPMENT APPLICATCONS", SUB-SUBSECTION {2} "PLAN CHECK FEES", SUB-SUBSECTION {3} "PERMIT FEES", AND SECTION 6.3.3 "SIDEWALK CAFE, SUB-SECTION 6.3.3{A} "PERMIT AND FEES", PROVIDING FOR THE ESTABLISHMENT OF NEW fEES AND INCREASES TO CERTAIN EXISTING FEES. ._~. ~.~1TEM B~F(~RE TIDE=e~~A~3~ The item before the Board is that of making a recommendation to the City Commission regarding a City initiated amendment to the Land Development Regulations (LDRs} to provide an application processing fee for automatic" extension requests, the creation of new permit fees and increases in certain plan check fees pursuant to LDR Section 2.4.5{M}. Pursuant to Section 1.1.6(A}, an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. __.---- ---~ 4 In conjunction with Senate Bill {SB} 360, approved on June 1, 2009, any permit issued by the Department of Environmental Protection or a water management district that had an expiration date of September 1, 2008 through January 1, 2012 is extended and renewed for a period of two (2} years. The Bill further applies this extension to include any related local government-issued development order or building permit. Written requests for an "automatic" two-year extension must be made to the authorizing agency no later than December 31, 2009. Such requests necessitate review from the local government and preparation of approval correspondence. As such, it is appropriate that a processing fee be assessed to cover staffs review costs, The amendment proposes a fee of $100.00 for each "automatic" extension request. The amendment also proposes the creation of new building permit fees as well as increases in certain plan check fees in concert with the fee schedules of other municipalities and Palm Beach County. Finally, a late renewal fee is established for delinquencies on sidewalk cafe permit fee renewals. 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, C7bjectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, ©bject"sues, and Policies of the Comprehensive Plan, it is not inconsistent with them. Planning and Zoning Staff Report -September 21, 2009 LDR Teat Amendment -Pertaining to Development Applications, Plan Check and Permit Fees By motion, recommend to the City Commission approval of the amendment #o the Land Development Regulations Section 2.4.3{K}(1){2}&(3} and Section 6.3.3 to establish new fees and modify others, 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. Attachment; ^ Proposed Ordinance 2