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Ord 23-11ORDINANCE NO. 23-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION (K), "FEES", PARAGRAPH (1), "DEVELOPMENT APPLICATIONS"; TO INCREASE DEVELOPMENT APPLICATION 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 20, 2011 and voted 6 to 1 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and "Coning 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 fords 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 Section 2.4.3, "Submission Requirements", Subsection (K), "Fees," Paragraph (1), "Development Applications", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (h) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. -- - - - i (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 $ ''~ 2,760 (b) Review of a ADA/DRI $ 0 Modification of a DRI $ 0 (c) Voluntary Annexation with 7.oning (d) Rezoning of Land (e) Modification of a SAD Ordinance to add a use or uses (~ Conditional Uses, New Application Modification requiring Board Review (g) Master flans Master Plan Modification (h) Formal review of a Sketch Plan [Section 2.4.1(B)] (i) Similarity of Use (j) Site Plan Review: Class I (Non-Impacting Modification) Class II (Non-Impacting with Board Review) Class III (Minor Modification) Class IV (Major Modification) Class V (New Submission) (k) Extension requests for a previous conditional use, site plan or master development plan Class I Site Plan Modification Class II Site Plan Modification Class III Site Plan Modification Class IV Site Plan Modification Class V Site Plan Master Development Plan Master Development Plan modification Conditional Use Conditional Use Modification Certificate of Appropriateness for Minor Development 2 $ 4~-Ei9 1,220 (4) $ 2,100 $ 2,100 $ 1'~ 1 655 $ H4A 675 $ 1 f'rz'TJ 1.400 (1) (5) $ H49 675 $ ~9 340 $ 44~ 200 $ 249 400 $ 5~ 610 (1) $ x169- 1,010 (1) $ 1'~ 1.400 (1) (12) $ Ems- 65 $ 429 130 $ ~9 305 $ 45-5 480 $ 649 675 $ 649 675 (5) $ ~9 830 $ ~9 340 $ ~9 35 ORD. NO. 23-I 1 i Certificate of Appropriateness for Major Development $ 2$9 295 (1) Plats Minor Subdivision $ %A 1,010 (1) Major Subdivision $ 1'~ 2 020 (1) Plat Recording Fee (3) (m) Abandonments Right-of-way $ 790 830 General Easements $ X38 410 Specific Easements $ 4~ 205 (n) Master Sign Program $ 4~ 170 (o) Variances Board of Adjustment $ §2~5 555 Historic Preservation Board $ 2-59- 265 (p) Formal interpretation by the Board of Adjustment (per item) $ Fry 70 (q) Certificate of Appropriateness by Board (14) Minor Development $ Fig 65 (2) Major Development $ 3-5-5 585 (r) Certificate of Appropriateness by Staff $ 0 (13) (s) Request for Historic Designation $ Fig 65 (per property) Request for Change of Historic Designation or Classification $ Fj8 65 (per property) (t) Hearing before the Board of Adjustment (per item) $ Fry 70 (u) Temporary Use Request involving City Commission $ x-49 150 Action (v) Water Service Agreement Request - - without concurrent site plan $ 44A 150 - - with concurrent site plan $ 0 (w) Land Development Regulations Text Change $ ~~ 1 655 (x) Waivers and Internal Adjustments $ 449 150 per request (6) $ 2Fr5- 280 per request (7) (y) Appeals by Applicant $ 3-r5 375 (8) 3 ORD. NO. 23-I I (z) Advertising (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 Keview) Ad Valorem Tax Exemption (Review after CO received for approved development) (ee) Re-submittal Fee will be charged on the 3rd and subsequent rc-submittals (ff) Legal Review of Documents (per document) (gg) Applicant's request for Postponement/Continuance (per request) (hh) Stand Alone Bars (per request) (ii) Automatic Extension Requests (per Senate Bill 360) (9) $ ~A 65 $ ~-~A 140 plus $35 per hr in excess of 2 hrs $ 1,560 (1) $ X49 255 (10) $ 0 $ 6A 65 $ AAA 210 (15) $ x-58 160 $ ~ 80 $ ~ 55 $ ~9 105 (12) NOTES: (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 thereof) above 100 units, whichever is greater, up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which may be applicable to the request. (3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from time to time by Palm Beach County, payable to Palm Beach County. (4) Fee may be waived by the City 1~lanager, 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 /master plan review process. (7) For requests made subsequent to the site plan /master plan review process. (8) Includes appeals of both administrative decisions and Board actions. 4 ORD. NO. 23-11 (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. (15) Re-submittal fees are only 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 or revised proposals necessitated by staff comments. 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 arc hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOP"TED in regular session on seco d and final reading n this the~day of 2011. Lo/~ ATTEST \~ ~~ M A ~J . ~\\1 L City Clerk '~ (~ First Readin~' ~ ~`'~~\ Second Readin ! ~ ` ~~ 1 ORD. NO. 23-1 I Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: July 7, 2011 SUBJECT: AGENDA ITEM 10. F. -REGULAR COMMISSION MEETING OF JULY 19, 2011 ORDINANCE NO. 23-11 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 2.4.3, "Submission Requirements", Subsection (K), "Fees", Paragraph (1), "Development Applications", to increase in fees development application fees. BACKGROUND At the first reading on July 5, 2011, the City Commission passed Ordinance 23-11. RECOMMENDATION Recommend approval of Ordinance No. 23-11 on second and final reading. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4644&MeetingID=323 7/20/2011 ORDINANCE N0.23-11 AN ORDINANCE OF THE QTY COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION (K), "FEES", PARAGRAPH (1), "DEVELOPMENT APPLICATIONS"; TO INCREASE DEVELOPMENT APPLICATION FEES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the P1atuling and Zoning Board reviewed the proposed text amendment at a public hearing held on June 20, 2011 and voted 6 to 1 to recommer-d 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 deterrriinecl that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Con~rnission of the City of Delray Beach adopts the fi~din&s 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 COMMISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Section 2.4.3, "Submission Requirements", Subsection (K), "Fees," Paragraph (1), "Development Applications", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission (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) Corrtiprehensive Plan Amendment $ ~~ 2,760 (b) Review of a ADA/DRI $ 0 Modification of a DRI $ 0 (c) Voluntary Annexation with Zoning $ X69 1,220 (4) (d) Rezoning of Land $ 2,100 (e) Modification of a SAD Ordinance to add a use or uses $ 2,100 (f) Conditional Uses, New Application $ 4~7~ 1,655 Modification requiring Board Review $ 649 675 (g) Master Plans $ 47-5 1,400 (1) Master Plan Nk~dification (5) (h) Formal reviewof a Sketch Plan [Section 2.4.1(B)] $ 649 675 (i) Similarity of Use $ X29 340 (j) Site Plan Review Class I (Non Impacting Modification) $ ~5- 200 Class II (Non Impacting with Board Review) $ 249 400 Class III (Nfinor Modification) $ ~9 610 (1) Class IV (Major Modification) $ 9(~ 1,010 (1) Class V (New Submission) $ ~,-27a 1,400 (1) (k) Extension requests for a previous conditional use, site plan or master development plan (12) Class I Site Plan Modification $ 69- 65 Class II Site Plan Modification $ 429 130 Class III Site Plan Modification $ 299 305 Class IV Site Plan Modification $ 4~5 480 Class V Site Plan $ 649 675 Master Development Plan $ 649 675 Master Development Plan modification (5) Conditional Use $ 299 830 Conditional Use Modification $ 329 340 Certificate of Appropriateness for Minor Development $ 89 35 2 ORD. NO. 23-11 Certificate of Appropriateness for Major Development $ ~9 295 (1) Plats Minor Subdivision $ 969 1,010 (1) Major Subdivision $ X28 2,020 (1) Plat Recording Fee (3) (m) Abandonments Right-of-way $ 790 830 General Easements $ 399 410 Specific E asements $ 49-5 205 (n) Master Sign Program $ 4b9 170 (o) Variances Board of Adjustment $ 5~5 555 Historic Preservation Board $ 2~9- 265 (p) Formal interpretation by the Board of Adjustment (per item) $ Fk5 70 (q) Certificate of Appropriateness by Board (14) Nfulor Development $ 69 65 (2) Major Development $ ~5 585 (r) Certificate of Appropriateness by Staff $ 0 (13) (s) Request for Historic Designation $ 69 65 (per property) Request for Change of Historic Designation or Classification $ 69 65 (per property) (t) Hearing before the Board of AdjuStrrent (per item) $ ~5 70 (u) Temporary Use Request involving City Commission $ 449 150 Action (v) Water Service Agreement Request - - without concurrent site plan $ 449 150 - - with concurrent site plan $ 0 (w) Land Development Regulations Text Change $ 4~5 1,655 (x) Waivers and Internal Adjustments $ 449 150 per request (6) $ ~ 280 per request (7) (y) Appeals by Applicant $ 355 375 (8) 3 ORD. NO. 23-11 (z) Advertising (9) (aa) Zoning Verification Letter Interpretation of existing LDRs $ -69 65 Regtriring Research for Previous Development Activity $ X39140 plus $35 per hr in excess of 2 hrs (bb) North Beach/Seagate and Ocean Neighborhood $ 1,560 (1) Overlay District Review (cc) Application Fee for In Lieu Of and Public Parking Fee $ 249 255 (10) Requests (dd) Ad Valorem Tax Exemption (Review Concurrent with COA Review) $ 0 Ad Valorem Tax Exemption (Review after CO received for approved development) $ 69 65 (ee) Re-submittal Fee will be charged on the 3rd and $ 299 210 (15) subsequent re-submittals (ff) Legal Review of Documents (per cbctm,ent) $ X59 160 (gg) Applicant's request for Postponement/Continuance (I~' ~~) $ ~ 80 (hh) Stand Alone Bars (per request) $ 59 55 (ii) Automatic Extension Requests (per Senate Bill 360) $ X99 105 (12) NOTES: (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 thereof) above 100 units, whichever is greater, 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, $15.00 for each additional sheet, or as modified 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 for sites antler one (1) acre in size. (5) Same fee that would apply for site plan mrxlification. (6) For requests made during the site plan /master plan review process. (~ For requests made subsequent to the site plan /master plan review process. (8) Includes appeals of both administrative decisions and Board actions. ORD. NO. 23-1 1 (9) The Applicant shall be responsible for all advertising fees including newspaper publications. The applicant shall provide pre-addressed envelopes with the regtrired postage for mailed notices. If the req>rrired 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 foes. (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) Twv 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 pern~itted for Staff approval. (14) Certificates of Appropriateness not associated with a Site Plan, Site Plan N1oc}ification, and/or Conditional Use. (15) Re-submittal fees are only 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 or revised proposals necessitated by staff comments. 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 ar part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of orduiances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective unrnediately 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 City Clerk First Reading; Second MAYOR ORD. NO. 23- I I Coversheet Page 2 of 2 shown on the attached rate comparison. An increase of approximately 10% to the base fee is recommended for the Class V site plan category. 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 20, 2011. No one from the public spoke on the issue. The Board recommended approval on a 6 to 1 vote (Al Jacquet dissenting), 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 on first reading Ordinance 23-11 for a City initiated amendment to the Land Development Regulations Section 2.4.3(K)(1), to provide for increases to certain existing development application 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 forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: Ordinance No. 23-11 Planning and Zoning Board Staff Report of June 20, 2011 http://itwebapp/AgendaIntranet/B luesheet.aspx?ItemID=462 MEETING OF: JUNE 20, 2011 AGENDA NO: IV.F. AGENDA ITEM: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.3(K}(1} TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION FEES. The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs} to increase the land development application 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. This amendment is to Section 2.4.3 (K)(1) which outlines the current fee schedules for "Development Applications". During the process to change the fee schedule in 2003, the City Commission directed staff to process changes as needed every two years. Accordingly, fee increases and adjustments have been made every two years. The last overall fee schedule adjustment was approved by the City Commission on August 4, 2009 by Ord. 33-09. That amendment provided fora 5% increase in most of the development application fees, established 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 a fee for "stand alone" bars requests. It should be noted that no fee increases were applied to developments within historic districts or for individually designated historic properties. Ordinance 33-09 also modified 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. Development Application Fees A review of the application fees assessed by adjacent municipalities and Palm Beach County reveals that the City of Delray Beach still remains at the low end of the fee schedules in comparison to our neighboring municipalities. With a few noted exceptions, an increase of 5% is justified. Where the fees have been increased they have been rounded up in increments of five dollars ($5.00}. This increase would place the City of Delray Beach's fees comparatively closer (slightly lower in most cases) to the fees charged by the adjacent municipalities. Exhibit "A" provides a comparative overview of the fee schedule of Palm Beach County, the City of Boca Raton, the City of Boynton Beach and the City of West Palm Beach. The comparative overview attempts to equate the fee schedules that most closely reflect the development activities Planning and Zoning : f Report -June 20, 2011 LDR Text Amendment -Land Development Application Fees identified. It is noted that there are several variables including sliding fees based on number units, acreage square footages of buildings, differing fees based on geographic locations etc. which have not been identified in the table. Exhibit "A" also shows an overall average fee, the proposed fee schedule and the resulting difference with the proposed increase. No fee adjustments are proposed for Rezoning and SAD Modification petitions as the current fees are comparatively consistent with adjacent municipalities. Further, as significant increases were made to the Beach Overlay Review fee in 2008 and 2009 no additional increases are proposed with this amendment. It is noted that for Palm Beach County there is a significant difference in the range in fees for Comprehensive Plan Amendments and Conditional Uses, which, when included skews those average fees higher. When adjusted to exclude Palm Beach County, the average fee for a Comprehensive Plan amendment is $2,517 and $1,918 for conditional uses. While the proposed increase for a Comprehensive Plan amendment is slightly above the average fee cited above ($2,571), it still remains well below the fees assessed by the City of Boca Raton and West Palm Beach. The proposed conditional use fee of $1,655 continues to be below the average fee of $1,918 as noted above. Finally, the Class I and Class II site plan fees are noted to be significantly lower than those of the adjacent municipalities. While the proposed fees within these categories have been increased above 5%, the proposed fee increase is less that 50% of the average of the fees assessed by other municipalities. Aten (10%) increase in the base fee is recommended for the Class V site plan category. 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, 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. Courfesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Delray Citizens Coalition ^ Chamber of Commerce Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. RECOMMENDED ACTION By motion, recommend to the City Commission approval of the amendments to the Land Development Regulations Section 2.4.3(K}(1) regarding proposed increases to the Land Development Application 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 forth in Section 2.4.5(M) of the Land Development Regulations. 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