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Ord 34-09ORDINANCE NO. 34-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 5.3.2, "PARK LAND DEDICATION", SUBSECTION {C}, "IMPACT FEE REQUIRED", TO PROVIDE FOR CLARIFICATION REGARDING IMPACT FEES FOR SINGLE FAMILY AND ALL OTHER TYPES OF DEVELOPMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTPJE DA'I"E. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on July 20, 2009 and voted 5 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 Article 5.3, "Dedication and Impact Requirements", Section 5.3.2, "Park Land Dedication", Subsection {C}, "Impact Fee Required", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: {C} Impact Fee Required: Whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an impact fee assessed for the purpose of providing park and recreational facilities shall be imposed. {1} The amount of the fee shall be $500 per dwelling unit regardless of the size or occupancy of the unit. {2} The fee shall be assessed against the following type of development: + ~ single family Names + .b~ duplexes + ~ multiple family dwelling units + ~ motels, hotels, residential inns, + ,~ resort dwelling units {3} The impact fee for single family dwellings shall be imposed and collected upon first development of the lot and ' 3 ~ collected at the time of issuance of a the building permit. Upon redevelopment of a lot, an irn~act fee credit shall be ,given for the demolition of any structure built after Februar~23, 1982. No credit shall be given for structures built prior to February 23, 1982 and a park impact fee is due upon issuance of a building permit. (4) The impact fee for all other types of development sha11 be imposed for each structureldwelling unit and collected at the time of issuance of a building permit If such development involveds previouslypermitted and inhabited dwelling units which must be demolished that were constructed after February 23, 1982 , a credit for each dwelling unit demolished shall be applied. If the structure dwellin unit to be demolished was constructed before Febnza 23 1982 no credit shall be issued and a park impact fee will be required at issuance of a building permit. If the development involves a lot that has been subdivided since the initial impact fee was paid, a new impact fee shall be imposed far each new structureldwellin~ unit on each new lot. 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 aIl ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall became effective immediately upon its passage on second and final reading. 2 (JRD. NCJ. 34-09 PAS ED AND ADOPTED in regular session an second a final reading on 's the ~° day of _ s , 2(109. ATTEST ,~~~ City Clerk First Readin Second Readin MAYO ORD. N0.34-09 Page 1 of 1 MEMOF:ANDUM Tfl: Mayor and City Commissioners FROM; David T, I-Iarden, City Manager DATE: August 11, 2009 SUBJECT: AGENDA ITEM IO.B. -REGULAR COMMISSION MEETING OF AUGUST 18 2009 ORDINANCE N0.34-09 SECOND READINGISECONI?. PUBLIC HEARING) ITEM BEFORE COMMISSION This ordinance is before Camrnission for a second reading and second public hearing to consider acity- initiated amendment to Land Development Regulations (LDR} Section 5,3.2, "Park Land Dedication", Subsection (C}, "Impact Fee Required", to clarify requirements regarding impact fees for single family and all other types of development. BACKGROIJND At the first reading on August 4, 2009, the Commission passed Ordinance No. 34-09. RECOMMENDATION Recommend approval of Ordinance No. 34-09 on second and final reading. http://miweb0011AgendaslBluesheet.aspx?ItemID=2479&MeetingID=215 12/1/2009 ORDINANCE NO.34-09 AN ORDINANCE OF T'HE CITY COMiVIISSION OF `THE QTY OF DELRAY BEACH, FLORIDA, A-IVIENDING THE LAND DEVELOPMENT REGULATIONS OF T'I~ QTY OF DEL,IZAY BEACH; BY A-IVIENDING SECTION 5.3.2, "P1~-T~ LAND DEDICATIQN", SUBSECTION (C), "IMI"ACT FEE REQUIRED", TO PROVIDE FOR CLARIFICATION REGARDING IMPACT FEES FOR SINGLE FAMILY AND ALL OTTIER TYPES OF DEVELOPMENT'S; PR©VIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. V'~REAS, pursuant to LDR Section 1.1.6, the Planning and Zan`ng Board reviewed the proposed text amandmexrt at a public he~~:5ng held on July 20, 2009 and voted 5 to 0 to recomrriend that the c7h~s be awed; and WI-IEREA~S, pursuant to Florida Statute 163.3174{4){c), the Pk~r~rring and Zoning Board, sitting as the Local Planning ~'~€~Y, has determined that the dharr~ is eon~stent with and furthers the goals, objectives and policies of the Campreher~sive Plan; and WHEREAS, the City Commission of the City of Delray Beach adapts the findngfs in the Planning and Zoning Staff Report; and WHEREAS, the City CAmrnission of the City of Delray Beach finds the ordnance is consistent with the C'on~mehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY TT-~ QTY COI41l~SSION OF THE QTY OF DELRAY BEACI-~ FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. n 2. That Article 5.3, "Dedication and Impact RecgrirY:rr~nts", Section 5.3.2, "Park Land Dedication", Sulbsection {C~, 'Znt Fee Required", of the Land Developn~rrt Re;~ans of the City of Delray Beach, Florida, be anti the same is hereby amended to read as follows: {C'} Impact Fee Required: V'Vherrever a development is proposed upon land which is ~t desi€~iated for park purposes in the Compref~ensive Plan, an impact fee asse`SSed far the purpose of providing park and recreational facilities shall be imposed {1) The amount of the fee shall be $500 per dwelling' unit n-'~~ess of the size or occupancy of the unit. {2) The fee shall be assessed. a~~inst the following type of development: ~- ~ single fa~~nily names • {,..b duplexes • ~ multiple family dwelling units + ~ motels, hateLs, residential. inns, ~ ~ resort dwelling units {3} The irripact fee far single fa~~y dwellings shall be imposed and collected upon first development of the lot and collected at the fime of issuance of ~ tl~ building Pe7nlit. {4} The unpact fee far all other types of development shall be used for ea h structure/dwelling unit and collected at the time of issuance of a buil~~ing permit €e}~-tic:-~ . If such development involveds ,ln~ousiy perrni and ixihabited dwelling emits which rrnast be ~ that were cans~.icted after Februar~23, 1982 Section That should any section ar provision of tlvs ordinance ar any portion thereof, any pai~~ph, sentence, or word be declared by a court of competent j urisdiction to be invalid, such decision shall not affect the validity of the rerr~ainder hereof as a whale or part thereof other than the part declared to be invalid Section 4. That all ordinana~ ar parts of ordinances in conflict herewith be, and the sarrre are het~ay r£:~pealed Section 5. That this arclnanee shall become effective immediately upon its passage an second and final reading 2 (JRD. Na. 3~4-i}9 structurel~lin~ unit to be demolia~~ed was consirurted before Febnaary 23.1982, no credit shall be PASSE D AND ADOPTED in r~~;u~ar session on second and final r~~x~ing on this the day of 2009. ATTEST MAYOR City Clerk First Reading Second Readir~ 3 CARD. N(J, 34-09 Page 1 of 2 MEMORANDUII~I TO: Mayor and City Commissioners FROM: MARK MCDOItiiZ~ELL, AICP, ASST. DIR. PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: July 28, 2009 SUBJECT: AGENDA ITEM 10.G. -REGULAR COMMISSIbN MEETING bF AUGUST 4 2049 ORDINANCE NO.34-49 (FIRST READINGIFIRST PUBLIC HEARING) ITEM BEFORE COMMISSION Consideration of achy-initiated amendment to Land Development Regulations (LDRs) that that will clarify when park impact fees are required. BACKGROUND The Land Development Regulations require that whenever a residential, hotel, motel, residential inn, or resort dwelling unit development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, an impact fee for the purpose of providing park and recreational facilities is imposed, For single family dwellings, current code language requires the impact fee payment, and then states that if the previously built lot becomes vacant for more than 180 days, that a new fee must be paid. Then the code states that the fee is to be collected only once. This contradiction is corrected in the new language. The new language clarifies that the requirement to pay the impact fee for a previously built single family lot that is redeveloped only applies if the fee had not previously been paid. The ordinance makes it clear that a park impact fee is paid only once for single family dwelling lots and future redevelopment of a lot that has previously paid the fee is allowed a credit. The park impact fee also applies to the following other types of residential and commercial developments: duplexes, mult~le family dwelling units, motels, hotels and residential inns, and resort dwelling units. The current code language imposes the fee for all of these other types of developments, and states that if they were continuously inhabited for 180 days prior to the demolition for redevelopment, a credit would be applied. This ordinance clarifies that an impact fee for each new residential unit will be required. A credit will be http: JJrniweb001lAgendasJBluesheet.aspx?ItemID=2429&MeetingID-214 8J11 J2009 Page 2 of 2 given for units that are demolished if they were constructed after February 23, 1982. This is the effective date of the current park impact fee and it is assumed that development after this date paid the impact fee, while development prior to this date did not. Therefore, as the fee is to be paid only ante, a credit is given far demolished units built after February 23, 1982. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on July 20, 2049. The Board unanimously recommended approval on a 5 to 0 vote, by adapting 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. RECtJMMENDATItJN By motion, approve an first reading Qrdinance No. 34-09 for achy-initiated amendment to the Land Development Regulations, by adapting 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. http;llmiweb001(AgendaslBluesheet.aspx?IternID=2429&MeetingID =214 811112009 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JULY 20, 2009 AGENDA NQ: IV.C, AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS {LDR}, BY AMENDING ARTICLE 5.3, "DEDICATION AND IMPACT REQUIREMENTS", SECTION 5.3.2, "PARK LAND DEDICATION", SUBSECTION {G}, "IMPACT FEE REQUIRED", TO PROVIDE FOR CLARIFICATION REGARDING WHEN PARK IMPACT FEES ARE REQUIRED. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations {LDRs) that will clarify when park land impact fees are required. 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 Land Development Regulations require that whenever a residential, hotel, motel, residential inn, or resort dwelling unit development is proposed upon land which is not designated far park purposes in the Comprehensive Plan, an impact fee assessed for the purpose of providing park and recreational facilities is imposed. For single family dwellings, current code language requires the impact fee payment, and then states that if the previously built tot becomes vacant for more than 180 days, that a new fee must be paid. Then the code states that the fee is to be collected only once. This contradiction is corrected in the new language. The new language actually adds a reference that the requirement to pay the impact fee for a previously built single family lot that is redeveloped only applies if the fee had not previously been paid. The ordinance makes clear that a park impact fee is paid onto once for single family dwelling lots and future redevelopment of a lot that has previously paid the fee is applied a credit. The park impact fee also applies to the following other types of residential and commercial developments: duplexes, multiple family dwelling units, motels hotels and residential inns, and resort dwelling units. The current code language imposes the fee for ail of these other types of developments, and states that if they were continuously inhabited for 160 days prior to the demolition for redevelopment, a credit would be applied. This ordinance clarifies that an impact fee for each new residential unit will be required. A credit will be given for units that are demolished if they were constructed after February 23, 1982. 'Phis is the effective date of the current park impact fee and it is assumed that development after this date paid the impact fee, while development prior to this date did not. Therefore, as the fee is to be paid only once, a credit is given for demolished units built after February 23, 1982. Planning and Zoning Board Meeting, July 20, 2009 LDR Amendment -Park Land Impact Fees REQUIREC} 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 thorough review of the Comprehensive Plan was conducted and the fallowing goals, objectives andlor policies are identified: Objective A-2 Park and recreation facilities shall be adequately and efficiently provided with adequate parking and public access and shall be compatible with surrounding existing properties and new development through implementation of the following policies: Policy A-2.1 The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Policy A-2.2 The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing faclities, and adding specialized items such as playgrounds to existing facilities. Palicv A-2.3 Funds shall be allocated, on an annual basis, for the purpose of achieving Policy A- 2.2. This mechanism shall only be one of the funding sources which are applied to meeting that policy jemphasis added,]. While this ordinance amendment is a clarification of an existing provision for park impact fees, it continues to be consistent with the Comprehensive Plan objectives and policies noted above. REVIEW BY OTHERS Courtesy Natives Courtesy notices were provided to the following 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 ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Cammissian of the amendment to Land Development Regulations, Section 5.3.2, "Park Land Dedication", Subsection (c}, "impact fee required", to provide for clarification as to when park impact fees are required, 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} 2 Planning and Zoning Board Meeting, July 2~, 2Q09 LDR Amendment -Park Land Impact Fees C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations Section 5.3.2, "Park Land Dedication", Subsection (c}, "impact fee required", to provide for clarification as to when park impact fees are required, 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 ACTION Recommend approval of the amendment to Land Development Regulations, Section 5.3.2, "Park Land Dedication", Subsection {c}, "impact fee required", to provide far clarification as to when park impact fees are required, by adopting the findings of fact and law contained in the staff report, and finding that the tent 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 LQR-Park Impact Fee- PZ8-f-15-09