Ord 11-12ORDINANCE NO. 11 -12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS, ARTICLE 7.9 "DOCKS,
DOLPHINS, FINGER PIERS, AND BOAT LIFTS" BY AMENDING
SECTION 7.9.5, "STANDARDS FOR APPROVAL', TO UPDATE
SAME; 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 February 27, 2012, 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 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 7.9.5, "Standards for Approval", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 7.9.5 Standards for Approval: A dock may be permitted subject to the following
conditions:
(A)
In
fto ease shall the deek extend inar-e dt*n eight feet beyond the pt-apei4y 1i A dock projection into a
waterway, exclusive of dock pilings, shall be designed by one of the following methods:
i. If no existing seawall: Five (5) feet as measured from the water's edge at mean low tide.
ii. If existing or proposed seawall without batter piles: Five (5) feet as measured from the
face of the seawall.
iii. If existing or proposed seawall with or without a seawall cap with batter piles: Seven (7)
feet as measured from the face of the seawall.
(B) When plot frontage exists along a body of water, only one dock is permitted. The dock
shall not extend any closer than ten feet to the property line of adjacent property or the distance
established for the side yard setback whichever is greater.
(C) At least one ladder extending from the dock surface to two feet below the mean low
waterline shall be provided for each dock.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4. 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 1� day of
32012.
ATTEST M
City Clerk
First Readin
Second Readin
2 ORD. NO. 11 -12
The Palm Beach'Post "REAL NEWS-STARTS HERE !Pglr#BeachPdst.com (561) 820 -4343 1, Friday, May 4, 2012
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Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: May 3, 2012
SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF MAY 15, 2012
ORDINANCE NO. 11-12
ITEM BEFORE COMMISSION
Page 1 of 1
This ordinance is before Commission for second reading to consider a city - initiated amendment to the
Land Development Regulations (LDR) Article 7.9, "Docks, Dolphins, Finger Piers, and Boat Lifts ", by
amending Section 7.9.5, "Standards for Approval ", to clarify current language regarding docks.
BACKGROUND
At the first reading on May 1, 2012, the Commission passed Ordinance No. 11 -12.
RECOMMENDATION
Recommend approval of Ordinance No. 11 -12 on second and final reading.
http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?ItemlD= 5584 &Meeting1D =377 5/21/2012
ORDINANCE NO. 11 -12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS, ARTICLE 7.9 "DOCI {S,
DOLPHINS, FINGER PIERS, AND BOAT LIFTS" BY AMENDING
SECTION 7.9.5, "STANDARDS FOR APPROVAL", TO UPDATE
SAME; 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 February 27, 2012, 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 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 7.9.5, "Standards for Approval ", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
Section 7.9.5 Standards for Approval: A dock may be permitted subject to the following
conditions:
(A)
line. from the property line ef seawft4 ef belidtead or se*wAl eetp, whiehevet is ftearest te the waterway 1-ft
fie eetse shftll the deek e3etend mare thftn eight feet beyond the pi-ap" A dock projection into a
waterway, exclusive of dock pilings, shall be designed by one of the following methods:
If no existing seawall: Five (5) feet as measured from the water's edge at mean low tide.
ii. If existing or proposed seawall without batter piles: Five (5) feet as measured from the
face of the seawall.
iii. If existing or proposed seawall with or without a seawall cap with batter piles: Seven (71
feet as measured from the face of the seawall.
(B) When plot frontage exists along a body of water, only one dock is permitted. The dock
shall not extend any closer than ten feet to the property line of adjacent property or the distance
established for the side yard setback whichever is greater.
(C) At least one ladder extending from the dock surface to two feet below the mean low
waterline shall be provided for each dock.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 4. 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
.2012.
ATTEST
City Clerk
First Reading
Second Reading
-
MAYOR
2 ORD. NO. 11 -12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Jasmin Allen, Planner
Paul Dorling, AICP, Director Planning and Zoning
THROUGH: City Manager
DATE: April 25, 2012
SUBJECT: AGENDA ITEM 12.A - REGULAR COMMISSION MEETING OF MAY 1, 2012
ORDINANCE NO. 11-12
Page 1 of 2
ITEM BEFORE COMMISSION
Consideration of a City- initiated amendment to the Land Development Regulations (LDRs) that
clarifies the standards for the approval of docks.
BACKGROUND
Section 7.9.5 pertaining to the standards for approval of docks states "a dock, exclusive of dock pilings,
shall not project more than five feet into a waterway from the property line or seawall or bulkhead or
seawall cap, whichever is nearest to the waterway ". Under the current requirement docks cannot extend
more than eight (8) feet beyond the property line. The strict/verbatim interpretation of the current
language would prohibit the construction of docks in those cases where the property line lies in excess
of eight feet landward of the waterway; or when the property line lies within the water channel.
The proposed amendment eliminates the use of the "property line" as a basis for measurement and
replaces the term "nearest the waterway" with the term "water's edge ". The current requirement for a
dock projection of five (5) feet will be maintained in those cases where there are no seawalls or seawalls
that do not have batter piles. An additional projection of two (2) feet is proposed to accommodate a
dock construction with batter piles.
REVIEW BY OTHERS
The proposed ordinance was considered by the Planning and Zoning Board on February 27, 2012. After
significant discussion, the Board tabled the ordinance on a 4 to 0 vote. The Board raised concerns with
excluding the seawall cap as a basis for measurement and recommended that additional input be sought
from the Community Improvement (Building) and Engineering Departments. The ordinance was
revised to maintain the seawall cap as a basis for measurement as well as to extend the projection by
two (2) feet for dock construction with batter piles.
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Coversheet
Page 2 of 2
The ordinance was before the Planning and Zoning Board on March 19, 2012 at which time the Board
recommended approval on a 6 tot vote (Gerry Franciosa dissenting).
Subsequent, to the Planning and Zoning Board meeting, the City Engineer, recommended that the
ordinance language be further modified to read "mean low tide ", instead of "low tide ". This change is
reflected in the ordinance before the City Commission.
RECOMMENDATION
By motion, approve Ordinance No. 11 -12 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.
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