Loading...
Ord 26-11ORDINANCE NO. 26-11 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 SECTIONS 2.2.1, "GENERAL PROVISIONS ", 2.2.2, "THE PLANNING AND ZONING BOARD ", SUBSECTIONS (A), "CREATION" AND (E), "DUTIES, POWERS, AND RESPONSIBILITIES "; 2.2.3, "THE SITE PLAN REVIEW AND APPEARANCE BOARD ", SUBSECTION (D), "DUTIES, POWERS, AND RESPONSIBILITIES "; 2.2.4, "THE BOARD OF ADJUSTMENT", SUBSECTION (A), "CREATION "; AND 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT ", SUBSECTION (H), "SPECIAL REGULATIONS ", TO CORRECT OUTDATED REFERENCES THEREIN; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.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 August 15, 2011 and voted 6 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 Section 2.2.1, "General Provisions ", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.2.1 General Provisions: The following general provisions apply to all Boards established under this Article. Additional provisions pertaining to any of the following matters may be found within the Sections pertaining to an individual Board and within Sections 32.02 to 32. ^' 32.06 -32.10 of the City Code. Section 3. That Section 2.2.2, "The Planning and Zoning Board ", Subsections (A), "Creation' and (E), "Duties, Powers, and Responsibilities ", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.2.2 The Planning and Zoning Board: (A) Creation: A Planning and Zoning Board for the City of Delray Beach is hereby created under the authority of the City Charter Section 3:-98 3.14. (E) Duties, Powers, and Responsibilities: (1) The Board shall prepare and maintain a Comprehensive Plan in compliance with the Florida State Planning Statutes (163 and successor legislation) aad Part V u n of the (2) The Board shall, an afl aftfittal basis, prepare a formal Leeal Evaluation and Appraisal Report (b EAR) of the Comprehensive Plan and shall transmit said report to the State Department of Community Affairs (DCA) through the City Commission. The LEAR shall mess iteffig identified in Part V.G. of the Gamptehensive Plan be conducted pursuant to criteria outlined in the "Procedures for Monitoring and Evaluation of the Plan" section of the Comprehensive Plan.. (3) The Board shall, on an annual b,...:.., in a public meeting, review reports prepared pursuant to Part V.B.4 and ".R' of the Gentpre =engive P criteria outlined in the "Procedures for Monitoring and Evaluation of the Plan" section of the Comprehensive Plan.. (4) The Board shall, on an annual basis, in a public meeting, review the proposed capital budget for the ensuing fiscal year pursttant to Part V.B.3 of the Compreheftsive Plan and shall be guided by Policy F -2.2 of the Public Facilities Element. (5) The Board shall hold a public hearing(s) in the winter months of each year for the purpose of obtaining public input before prioritizing capital improvement needs for the subsequent fiscal year. (PF F -2.1) (6) The Board shall review and make recommendations to the City Commission with respect to the following items, pursuant to the procedures and standards of the Land Development Regulations (LDR): * a. Amendments to the Comprehensive Plan and to the Future Land Use Map * b. Rezoning of land and changes to the text of any portion of the Land Development Regulations (LDR) * c. The annexation of territory to the City * d. Establishment of a conditional use 2 ORD. NO 26 -11 * e. The abandonment of rights -of -way or public easements excepting single purpose easements * f. The approval or denial of site and development master plans as required in certain "planned" zoning districts * g_ The establishment or change in street names (7) The Board hereby has the authority to take action on the following items pursuant to the procedures and standards of the LDR: * a. Approval or denial of a preliminary subdivision plat * b. Certification of final subdivision plat * L. Granting of relief from the number of parking spaces required for specific uses pursuant to Section 4.6.90(l * d. Approval of certain site and development plans and modifications and extensions thereto * e. Determinations of similarity of use f. Approval or denial of a minor modification of a conditional use approval pursuant to Section 2.43XE 7i (8) The Board shall be consulted when it is necessary to make findings addressing consistency between Land Development Applications (LDA) and the Comprehensive Plan. The Board must make such findings for any LDA which goes before it. A 5.6,- (9) To provide "good offices" and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives, and policies of the Comprehensive Plan. Section 4. That Section 2.2.3, "The Site Plan Review and Appearance Board ", Subsection (D), "Duties, Powers, and Responsibilities ", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.2.3 The Site Plan Review and Appearance Board: (D) Duties, Powers, and Responsibilities: (1) The Board hereby has the authority to take action on the following items pursuant to the procedures and standards of the LDR: (a) Certain site and development plans, as provided in this Code (b) Granting of relief from the number of parking spaces required for specific uses pursuant to Section 4.6.9(Q(1) 3 ORD. NO 26 -11 (c) Granting of relief to Section 4.6.16 through the waiver process [Section 2.4.7(B)] (d) Preliminary and final landscape plans (e) Master Sign Programs (f) Signage as allowed by Section 4.6.7 (g) Appeal of administrative interpretations made in application of the sign code and the landscaping code (h) Architectural elevations (i) Streetscape and landscape features (e.g. walls, fences, lighting, dumpster enclosures, etc.) (2) To provide "good offices" and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives, and policies of the Comprehensive Plan. (3) The Board has the authority to hear appeals to any "Design Guidelines" in Section I1 of the Beach Property Owners Design Manual for the North Beach & Seagate Neighborhoods as set forth in Section 4.5.13. Section 5. That Section 2.2.4, "The Board of Adjustment ", Subsection (A), "Creation ", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.2.4 The Board of Adjustment: (A) Creation: A Board of Adjustment for the City of Delray Beach is hereby created under the authority of the City Charter Section 3:-98 3.14. Section 6. That Section 4.4.6, "Medium Density Residential (RM) District ", Subsection (H), "Special Regulations ", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: Section 4.4.6 Medium Density Residential (RM) District: (H) Special Regulations: (1) A minimum density of six units per acre is established for duplex and multiple family housing projects within this district. Density may exceed the base of six (6) units per acre only after the approving body makes a finding that the project has substantially complied with performance standards as listed in 4.4.6(I). In no event shall a development's total density exceed 12 units per acre, except within the Southwest Neighborhood Overlay District, Carver Estates Overlay District and the Infill Workforce Housing Area, as allowed by Section 4.4.6p)(12) 4.4.6(Q)(9) and 4.4.6(D),(10). The density for a specific RM development may be further limited by a numerical suffix affixed to the designation and shown on the zoning map (i.e. RM -8 limits the density 4 ORD. NO 26 -11 to eight units per acre). To seek a density greater than allowed by the suffix, it is necessary to rezone the property. (2) Notwithstanding the above, a duplex may be situated upon a platted lot pursuant to Section 4.3.4(I)(3)(b) (3) Recreational areas shall be required for all new rental apartment developments, and of owner occupied developments which have homeowner associations that must care for retention areas, private streets, or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate for older children. A pool and clubhouse, unless specifically designed for children, is not considered to meet this requirement. Projects having fewer than twenty-five (25) units may be exempted from this standard where it is determined by the approving body that it is not practical or feasible to comply. (4) The height of accessory structures shall not exceed the height of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. (5) The floor area of an accessory structure shall not exceed 40% of the floor area of the principal structure. (6) Density Bonuses. Density bonuses may be granted to eligible properties governed by regulations set forth in Chapter 4, "Zoning Regulations ", "Family /Workforce Housing" as discussed below: (a) Southwest Neighborhood and Carver Estates Overlay Districts and Infill Workforce Housing Area: Density bonuses above 12 units per acre may be granted as a Conditional Use to eligible properties within the Southwest Neighborhood and Carver Estates Overlay Districts, defined in Section 4.5.9 and 4.5.11, respectively, and within the Infill Workforce Housing Area, Section 4.5.12, subject to the regulations set forth in Chapter 4, "Zoning Regulations ", and Article 4.7, "Family /Workforce Housing ". (b) S.W. 10`h Street Overlay District: Within the S.W. 10`'' Street Overlay District defined in Section 4.5.10, in addition to the performance standards listed in Section 4.4.6()), increases to a project's density beyond six (6) units per acre is subject to the regulations set forth in Chapter 4, "Zoning Regulations ", "Family /Workforce Housing ". Section 7. 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 ORD. NO 26 -11 shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That this ordinance shall become effective immediately upon its passage on second and final reading. ASSE AND ADOPTED in regular session on second and al reading on this e� day of 2011. ATTEST M A Y O R City Clerk �^ \ First Readin 1 ' 04Ji 1 Second Readin Olvi 6 ORD. NO 26 -11 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 9, 2011 Page 1 of 1 SUBJECT: AGENDA ITEM 10.1. -REGULAR COMMISSION MEETING OF SEPTEMBER 20, 2011 ORDINANCE NO. 26 -11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city- initiated amendment to the Land Development Regulations (LDR), to amend Article 2.2, `Establishment of Boards Having Responsibilities for Land Development Regulations ", and to amend Section 4.4.6, "Medium Density Residential (RM) ", to provide for housekeeping corrections to outdated references. BACKGROUND At the first reading on September 6, 2011, the Commission passed Ordinance No. 26 -11. RECOMMENDATION Recommend approval of Ordinance No. 26 -11 on second and final reading. http: // itwebapp /AgendaIntranetBluesheet .aspx ?ItemID = 4885 &MeetinglD =330 9/22/2011 ORDINANCE NO. 26-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACK FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTIONS 2.2.1, "GENERAL PROVISIONS ", 2.2.2, "THE PLANNING AND ZONING BOARD ", SUBSECTIONS (A), "CREATION" AND (E), "DUTIES, POWERS, AND RESPONSIBILITIES "; 2.2.3, "THE SITE PLAN REVIEW AND APPEARANCE BOARD ", SUBSECTION (D), "DUTIES, POWERS, AND RESPONSIBILITIES "; 2.2.4, "THE BOARD OF ADJUSTMENT ", SUBSECTION (A), "CREATION "; AND 4.4.6, "MEDIUM DENSITY RESIDENTIAL (R" DISTRICT ", SUBSECTION (H), "SPECIAL REGULATIONS ", TO CORRECT OUTDATED REFERENCES THEREIN; 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 August 15, 2011 and voted 6 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 Coruprehensive Plan; and WHEREAS, the City Con mmssion 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 Section 2.2.1, "General Provisions ", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.2.1 General Provisions: The following general provisions apply to all Boards established under this Article. Additional provisions pertaining to any of the following matters may be found within the Sections pertaining to an individual Board and within Sections 32-02 to 32.E 32.06 -32.10 of the City Code. Section 3. That Section 2.2.2, "The Planning and Zoning Board ", Subsections (A), "Creation' and (E), "Duties, Powers, and Responsibilities", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.2.2 The Planning and Zoning Board: (A) Creation: A Planning and Zoning Board for the City of Delray Beach is hereby created under the authority of the City Charter Section 3,08 3.14. (E) Duties, Powers, and Responsibilities: (1) The Board shall prepare and maintain a Comprehensive Plan in compliance with the Florida State Planning Statutes (163 and successor legislation) and n.,.+ V-B-4 of (2) The Board shall, en an annual basis, prepare a formal Lec-1 Evaluation and Appraisal Report (L EAR) of the Comprehensive Plan and shall transnut said report to the State Department of Community Affairs (DCA) through the City Commission The LEAR shall mess be conducted pursuant to criteria outlined in the "Procedures for Monitoring and Evaluation of the Plan" section of the Comprehensive Plan.. (3) The Board shall, , in a public meeting, review reports prepared pursuant to P-&t v R , .,ra v u 2 of r,,,.,.,,.,,r,,,nsive Plan criteria outlined in the "Procedures for Monitoring and Evaluation of the Plan" section of the Comprehensive Plan. (4) The Board shall, on an annual basis, in a public rneeting, review the proposed capital budget for the ensuing fiscal year and shall be guided by Policy F -2.2 of the Public Facilities E lernent. (5) The Board shall hold a public hearing(s) in the winter months of each year for the purpose of obtaining public input before prioritizing capital improvement needs for the subsequent fiscal year. (PF F -2.1) (6) The Board shall review and make recommendations to the City Commission with respect to the following items, pursuant to the procedures and standards of the Land Development Regulations (LDR): * a. Amendments to the Conjxvhensive Plan and to the Future Land Use Map * b. Rezoning of land and changes to the text of any portion of the Land Development Regulations (LDR) * c. The annexation of territory to the City * d Establishment of a conditional use ORD. NO 26 -11 * e. The abandonment of rights -of -way or public easements excepting single purpose easements * f. The approval or denial of site and development master plans as required in certain "planned" zoning districts * g_ The establishment or change in street names (7) The Board hereby has the authority to take action on the following items pursuant to the procedures and standards of the LDR: * a. Approval or denial of a preliminary subdivision plat * b. Certification of final subdivision plat * e. Granting of relief from the number of parking spaces required for specific uses pursuant to Section 4.6.9(C)(1)(g) 4.6.9 1 * d Approval of certain site and development plans and modifications and extensions thereto * e. Determinations of similarity of use f. Ap�roval or denial of a minor modification of a conditional use approval puffsuant to Section 2.4.5(E)(Z) (8) The Board shall be consulted when it is necessary to make findings addressing consistency between Land Development Applications (LDA) and the Comprehensive Plan The Board must make such findings for any LDA which goes before it. ( r r n ti. CIE n _7) (9) To provide "good offices" and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives, and policies of the Comprehensive Plan Section 4. That Section 2.2.3, "The Site Plan Review and Appearance Board", Subsection (D), "Duties, Powers, and Responsibilities", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 2.2.3 The Site Plan Review and Appearance Board: (D) Duties, Powers, and Responsibili ties: (1) The Board hereby has the authority to take action on the following items pursuant to the procedures and standards of the LDR: (a) Certain site and development plans, as provided in this Code (b) Granting of relief from the number of parking spaces required for specific uses pursuant to Section 4.6.9(C-)(4)(g) 4.6.9(F)(1) 3 ORD. NO 26 -11 (c) Granting of relief to Section 4.6.16 through the waiver process [Section 2.4.7(B)] (d) Preliminary and final landscape plans (e) Master Sign Program (f) Signage as allowed by Section 4.6.7 (g) Appeal of administrative interpretations made in application of the sign code and the landscaping code (h) Architectural elevations (i) Streetscape and landscape features (e.g. walls, fences, lighting, drnnpster enclosures, etc.) (2) To provide "good offices' and assistance to other governmental boards, commissions, and committees in the fulfillment of goals, objectives, and policies of the Comprehensive Plan (3) The Board has the authority to hear appeals to any "Design Guideline`s" in Section II of the Beach Property Owners Design Manual for the North Beach & Seagate Neighborhoods as set forth in Section 4.5.13. Section 5. That Section 2.2.4, 'The Board of Adjustrn nt ", Subsection (A), "Creation', of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows Section 2.2.4 The Board of Adjustment: (A) Creation: A Board of Adjustrnent for the City of Delray Beach is hereby created under the authority of the City Charter Section 308 3.14. Section 6. That Section 4.4.6, "Medium Density Residential (RM) District ", Subsection (I), "Special Regulations ", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: Section 4.4.6 Medium Density Residential (RM) District: (I) Special Regulations: (1) A minirn un density of six units per acre is established for duplex and multiple family housing prof' ects within this district. Density may exceed the base of six (6) units per acre only after the approving body makes a finding that the project has substantially complied with performance standards as listed in 4.4.60). In no event shall a development's total density exceed 12 units per acre, except within the Southwest Neighborhood Overlay District, Carver Estates Overlay District and the Infill Workforce Housing Area, as allowed by Section 4.4.6(P)(12) 4.4.6 9 and 4.4.6(P)(13) 4.4.60)(10). The density for a specific RM development may be further limited by a numerical suffix affixed to the designation and shown on the zoning map (Le. RM-8 limits the density 4 ORD. NO 26 -11 to eight units per acre). To seek a density greater than allowed by the suffix, it is necessary to rezone the property. (2) Notwithstanding the above, a duplex may be situated upon a platted lot pursuant to Section 4.3.4(I)(3)(b) (3) Recreational areas shall be required for all new rental apartment developments, and of owner occupied developments which have homeowner associations that must care for retention areas, private streets, or common areas. New developments must include recreational features that are designed to accommodate activities for children and youth of all age ranges. Tot lots are appropriate for toddlers; features such as a basketball court, volleyball court, and open playfields are appropriate for older children A pool and clubhouse, unless specifically designed for children, is not considered to meet this requirement. Projects having fewer than twenty -five (25) units may be exempted from this standard where it is determined by the approving body that it is not practical or feasible to comply. (4) The height of accessory structures shall not exceed the height of the associated principal structure. Screen enclosures without a solid roof are excluded from this limit. (5) The floor area of an accessory structure shall not exceed 40% of the floor area of the principal structure. (6) Density Bonuses. Density bonuses may be granted to eligible properties governed by regulations set forth in Chapter 4, "Zoning Regulations", "Family/Workforce Housing" as discussed below. (a) Southwest Neighborhood and Carver Estates Overlay Districts and Infill Workforce Housing Area: Density bonuses above 12 units per acre may be granted as a Conditional Use to eligible properties within the Southwest Neighborhood and Carver Estates Overlay Districts, defined in Section 4.5.9 and 4.5.11, respectively, and within the Infill Workforce Housing Area, Section 4.5.12, subject to the regulations set forth in Chapter 4, "Zoning Regulations', and Article 4.7, "Family/Workforce Housing". (b) S.W. 101h Street Overlay District: Within the S.W. 10`h Street Overlay District defined in Section 4.5.10, in addition to the performance standards listed in Section 4.4.6(1), increases to a project's density beyond six (6) units per acre is subject to the regulations set forth in Chapter 4, "Zoning Regulations", "Family/Workforce Housing". Section 7. 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 ORD. NO 26 -11 shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 9. That this ordinance shall become effective inurediately 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 • • MAYOR ORD. NO 26 -11 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: August 31, 2011 SUBJECT: AGENDA ITEM 12Y. - REGULAR COMMISSION MEETING OF SEPTEMBER 6, 2011 ORDINANCE NO. 26-11 Page 1 of 1 ITEM BEFORE COMMISSION Consideration of a city- initiated amendment to the Land Development Regulations (LDRs) to provide housekeeping corrections to update and correct outdated references. BACKGROUND The ordinance proposes housekeeping corrections where previous amendments to the Land Development Regulations changed section numbers and placement without a corresponding change to those sections referenced elsewhere in the code. The proposed amendment modifies Section 2.2.1 "General Provisions "; Section 2.2.2 "The Planning and Zoning Board "; Section 2.2.3 "The Site Plan Review and Appearance Board "; Section 2.2.4 "The Board of Adjustment'; and, Section 4.4.6 "Medium Density Residential (RM) District", to change incorrect section references and update outdated references. 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. REVIEW BY OTHERS The Planning and Zoning Board recommended approval on a 6 to 0 vote (Connor Lynch absent) at its August 15, 2011 meeting. RECOMMENDATION By motion, approve Ordinance No. 26 -11 on first reading for a City- initiated amendment to the Land Development Regulations, 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. http: // itwebapp/ AgendalntranetBluesheet .aspx ?ItemID= 4847 &MeetingID =328 9/9/2011 Art T� PLANNING AID QAj .� � :. ., ;3•+.' �' 'r `—' — 5.`.� *ice+ . '3. MEETING DATE: AUGUST 15, 2011 AGENDA NO: V.A AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING ARTICLE 2.2 "ESTABLISHMENT OF BOARDS HAVING RESPONSIBILITIES FOR LAND DEVELOPMENT REGULATIONS" AND AMENDING SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL" (RM) TO PROVIDE FOR HOUSEKEEPING CORRECTIONS TO OUTDATED REFERENCES The item before the Board is to make a recommendation to the City Commission regarding a city- initiated amendment to Land Development Regulations (LDRs) by amending Article 2.2 "Establishment of Boards Having Responsibilities for Land Development Regulations" and amending Section 4.4.6 "Medium Density Residential (RM) District" to provide for housekeeping corrections to outdated references pursuant to LDR Section 2.4.5(M). 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. 3,rh :__-r?c ?s�tCx"7 ..<7SC�rif l6�yi t t..� a zCy]i Periodically, during review of the Land Development Regulations it is discovered that LDR text amendments were processed which changed section references and placement and where corresponding references to those Sections were not amended. Within Article 2.2 "Establishment of Boards Having Responsibilities for Land Development Regulations" the proposed amendment modifies and changes incorrect references to Section 2.2.1 "General Provisions "; Section 2.2.2 "The Planning and Zoning Board "; Section 2.2.3 `The Site Plan Review and Appearance Board" Section 2.2.4 "The Board of Adjustment "; and, Section 4.4.6 "Medium Density Residential (RM) District ". 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. While the amendment does not specifically further the Goals, Objectives and Policies of the Comprehensive Plan, it is not inconsistent with them. Planning and Zoning Board Meeting, August 15, 2011 LDR Amendment— Housekeeping Corrections By motion, recommend to the City Commission approval of the amendment to the Land Development Regulations Article 2.2 "Establishment of Boards Having Responsibilities for Land Development Regulations" by amending Sections 2.2.1, "General Provisions ", 2.2.2, "The Planning and Zoning Board ", Subsections (A), "Creation" and (E), "Duties, Powers, and Responsibilities "; 2.2.3, "The Site Plan Review and Appearance Board ", Subsection (D), "Duties, Powers, and Responsibilities "; 2.2.4, "The Board of Adjustment', Subsection (A), "Creation "; and Section 4.4.6 "Medium Density Residential (RM) District', Subsection (H), "Special Regulations ", to correct outdated references therein 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 2 . Opbst Beach a s 6: cl LRAW BEAC IDAL 'RI A.'68. uc.. L f . t4 ririp respect to-1 Pro.-. posi ORDINANCE Ao. AN ORDINANCE OF T49 CiTY:*C6M--_- MISSION OFJHE`CITY OVEPELRAY. BEACH,: FLORIDA AM046ING THE- LAND'DWELopmNtREGULATIONS.: OF THE CITY.OF DELRAY BEACH.--BY, SITE PLAN.''.