Ord 14-11ORDINANCE NO. 14-11
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 ARTICLE 7.9, "DOCKS, DOLPHINS,
FINGER PIERS, AND BOAT LIFTS", SECTION 7.9.11,
"STANDARDS FOR APPROVAL"; TO CLARIFY CURRENT
LANGUAGE REGARDING BOAT LIFTS; 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 March 21, 2011 and voted 5 to 1 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 7.9, "Docks, Dolphins, Finger Piers, and Boat Lifts", Section
7.9.11, "Standards for Approval," of the Land Development Regulations of the Code of Ordinances
of the City of Dekay Beach, Florida, be amended to read as follows:
Section 7.9.11 Standards For Approval: A boat lift may be permitted subject to the following
conditions:
(A) The boat lift in a raised position shall not extend more than twenty feet into the
waterway from the property line or seawall or bulkhead, whichever is nearer to the waterway.
(B) When plot frontage exists along a body of water, only one boat lift is permitted. The
boat lift shall be located so that the vessel beat in its raised position li€t shall not extend any closer to
the adjacent property line than ten feet or the building side setback, whichever is greater.
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 repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
P SSED AND ADOPTED in regular session on secon nd final reading o this the
day of , 2011.
`~~
ATTEST \\\\ MAY O
• ~~V~
City Clerk
First Readin ~ ~ cJJ~`~
Second Readin
2 ORD. NO. 14-11
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: April 12, 2011
SUBIECT: AGENDA ITEM 10 B -REGULAR COMMISSION MEETING OF APRIL 21, 2011
ORDINANCE NO. 14-11
ITEM BEFORE COMMISSION
Page 1 of 1
This ordinance is before Commission for second reading to consider acity-initiated amendment to the
Land Development Regulations (LDR) Section 7.9.11, "Boatlifts", to clarify setback requirements.
BACKGROUND
At the first reading on April 5, 2011, the Commission passed Ordinance No. 14-11.
RECOMMENDATION
Recommend approval of Ordinance No. 14-11 on second and final reading .
http://itwebapp/AgendaIntranet/B luesheet. a
ORDINANCE NO. 14-11
AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE QTY OF DELRAY
BEACH, BY AMENDING ARTICLE 7.9, "DOCKS, DOLPHINS,
FINGER PIERS, AND BOAT LIFTS", SECTION 7.9.11,
"STANDARDS FOR APPROVAL"; TO CLARIFY CURRENT
LANGUAGE REGARDING BOAT LIFTS; 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 tent amendment at a public hearing held on Mamrh 21, 2011 and voted 5 to 1 to
recomrrtiermd that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarmxmirmg and Zoning Board,
sitting as the Local Plaruzulg Agency, has determined that the change is consistent with and furthers
the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Comrmvssion of the City of Delray Beach adopts the findings in the
Plam~rming and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Cornprelmensive Plan
NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMMISSION OF THE
QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein
Section 2. That Article 7.9, "Docks, Dolphins, Finger Piers, and Boat Lifts", Section
7.9.11, "Standards for Approval," of the Land Development Regulations of the Code of Orduiances
of the City of Delray Beach, Florida, be anmermded to read as follows:
Section 7.9.11 Standards For Approval: A boat lift may be permitted subject to the following
conditions:
(A) The boat lift in a raised position shall not extend more than twenty feet into the
waterway from the property line or seawall or bulkhead, whichever is nearer to the waterway.
(B) When plot frontage exists along a body of water, only one boat lift is permitted The
boat lift shall be located so that the vessel beat in its raised.position ~ shall not extend any closer to
the adjacent property line than ten feet or the building side setback, whichever is greater.
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 rerriainder hereof as a whole or part thereof other than the
part declared to be invalid
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2011.
ATTEST MAYOR
City Clerk
First Reading
Second
ORD. NO. 14-11
PLANNING AND ZONING BOARD
STAFF REPORT
MEETING DATE: MARCH 21, 2011
AGENDA NO: V. B.
AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION
ARTICLE 7.9, "DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS",
BY AMENDING SECTION 7.9.11, "STANDARDS FOR APPROVAL"; TO
CLARIFY CURRENT LANGUAGE REGARDING BOAT LIFTS.
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 setback provisions
regarding boat lifts and associated watercraft.
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
Section 7.9.11 of the LDRs includes standards for boat lifts. The current language states that the
boat lift cannot extend any closer than either 10 feet to the adjacent property line or closer than the
building side setback, whichever is greater. This setback regulation is to ensure that any vessel
utilizing the boat lift does not impact adjacent properties. If the current language is interpreted to
mean the lift itself, it is possible that a boat lift meeting the 10' side setback with a larger vessel
centered on the lift would result with the vessel encroaching over the property line. This setback
regulation was meant to apply to the vessel itself when it is in its raised position, and not to the
actual boat lift apparatus as currently stated. The amendment will clarify the regulation to reflect
this intent.
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and while
there are no specific sections to which this amendment would be found consistent, the amendment
is not inconsistent with the Comprehensive Plan.
REVIEW BY OTHERS
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
Planning and Zoning Board Meeting, March 21, 2011
LDR Amendment -Boat Lifts
^ Neighborhood Advisory Council
^ Progressive Residents of Delray (PROD)
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
ASSESSMENT AND CONCLUSION
The amendment will clarify that the setback regulation for boat lifts actually pertains to the boats
when they are in their raised positions, and not the boat lift.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Article 7.9, "Docks, Dolphins, Finger Piers, And Boat Lifts", By
Amending Section 7.9.11, "Standards For Approval"; To Clarify Current Language
Regarding Boat Lifts, by adopting 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)
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Article 7.9, "Docks, Dolphins, Finger Piers, And Boat Lifts", By
Amending Section 7.9.11, "Standards For Approval"; To Clarify Current Language
Regarding Boat Lifts, 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, Article 7.9, "Docks,
Dolphins, Finger Piers, And Boat Lifts", By Amending Section 7.9.11, "Standards For
Approval"; To Clarify Current Language Regarding Boat Lifts, by adopting the findings of fact
and law contained in the staff report, and finding that the text amendment and approval thereof is
consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M).
Attachment:
Proposed Ordinance
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