Ord 78-04
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ORDINANCE NO. 78-04
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 2.4.2(B),
"PUBLIC HEARING REQUIREMENTS", TO PROVIDE
FOR ELIMINATION OF CERTAIN NOTICES NOT
REQUIRED BY STATE LAW AND ADDING NEW
PUBLIC NOTICE REQUIREMENTS AND BY
PROVIDING THAT THE CONDUCT OF A PUBLIC
HEARING SHALL BE IN ACCORDANCE WITH
ADOPTED RULES; BY AMENDING SECTION 2.4.3(A),
"STANDARD APPLICATION ITEMS", TO PROVIDE FOR
A CORRECT REFERENCE TO CERTAIN NOTICE
REQUIREMENTS; BY AMENDING SECTION 2.4.5(M),
"AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS", TO PROVIDE FOR GRAMMATICAL
CHANGES AND CLARIFYING CERTAIN LIMITS FOR
AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS; AMENDING 4.5.1(C)(4) TO PROVIDE
THAT NOTICES FOR DESIGNATION OF HISTORIC
SITES OR DISTRICTS WILL CONFORM TO THE
NOTICES GIVEN FOR REZONINGS EXCEPT THE
PROPERTY NEED NOT BE POSTED; PROVIDING A
SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to
streamline the notification requirements that meet state law and provide an improved
method and manner of reaching its citizens; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, adopts the
findings in the staff report; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that
the ordinance is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA:
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Section 1. That Section 2.4.2(B), IIPublic Hearing Requirements", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and is hereby
amended to read as follows:
(B) Public Hearina Reauirements: The following notice requirements
and hearing procedures shall be complied with whenever an action before a
Board requires consideration at a public hearing. Where state law expresslv sets
forth notice requirements. notice provided in accordance with state law is
sufficient to meet all leaal notice requirements despite the additional
requirements that may be also required as set forth below. These requiremonts
are in addition to any roquiroments for public hoaring notice 'tlhich aro othorvJiso
roquirod by St::de La\4J or City Commission procoduroE.
(1 ) Notice: AU ~ublic hearings shall be noticed through letters
to property O'Nners, legal advortiEomontE, or display advortisementE as set forth
bolo'/: follows:
(a) Annexations:
(1) Non-voluntarv: Notice requirements contained
within applicable sections of Florida Statute
Chapter 171 Shall apply.
(2) Voluntarv: Notice requirements contained
within applicable sections of Florida Statute
Chapter 171 and City Charter Soction 2.03
shall apply. In addition, tho sarno procoduroE
aE aro used for noticing a rozoning shall apply.
(b) Privatelv Initiated Rezonina: Notice requirements
contained within the applicable sections of Florida
Statutes Chapter 166 shall apply. Tho City shall mail
:3 lotter notico of tho Planning and Zoning Board
public hoaring to tho ov:ner(E) of all property located
'"ithin fivo hundrod foet (500') of the perimeter of tho
proporty being rozonod no lator than ton (10) calondar
days prior to tho public hoaring hold boforo tho
Planning and Zoning Board. Additional notice shall
be aiven before the PlanninQ and Zonina Board
hearina in accordance with Section 2.4.2(B)(1 )(j) (it
(iD. (iiD and (iv).
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ORD. NO. 78-04
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(c) City Initiated Rezonina: Notice requirements
contained within the applicable sections of Florida
Statutes Chapter 166 shall apply. The City shall
pro):ide notico of the Planning and Zoning Board
public hearing in accordanco '-'lith Chapter 166,
Florid3 St3tutOS, oxcopt that lettor noticos ')till bo
mailed no later than ton (10) calendar d3Ys prior to
the public hearing before the Planning 3nd Zoning
Board. In casos 'Nhore lotter notices aro required,
notice of tho Planning and Zoning Board public
h03ring sh311 bo m3de to tho real property o'.vner
':lhose 13nd is being changod as ':Jell 3S to the
o':Jner(s) of 311 proporty locatod 'Atithin five hundred
foot (500') of the pori motor of tho property being
rezonod. Additional notice shall be aiven before the
Plannina and Zonina Board hearina in accordance
with Section 2.4.2(B)(1 )(j) (it (iD. (ij¡) and (iv).
(d) Principal. Conditional or Prohibited Use Chanaes
to the Text of the land Development Reaulations:
Notice requirements contained within the applicable
sections of Florida Statutes Chapter 166 shall apply.
(e) Conditional Uses: The City shall provide notice of
the public hearing before the Planning and Zoning
Board to tho O'IJnors of all property loc3ted ,,:ithin five
hundrod roet (500') of the porimoter of tho property on
'.vhich tho condition31 uso will oporate. Notico shall be
mailed no later than ton (10) calondar d3Ys prior to
tho public he3ring boforo the Planning 3nd Zoning
Board. In 3ddition, 3 public notice shall be published
in the IOg31 section of a nO':Jspaper and shall 3ppear
no 13tor th3n ten (10) calondar d3Ys prior to said
public hearing beforo the PI3nning 3nd Zoning Board
in accordance with Section 2.4.2(B)(1 )(j) (i). (iD. (iii)
and (iv).
(f) Variances Before the Board of Adiustment: The
City shall provide notice of the public hearing before
tho Board of I\djustmont to the O'Nnors of 311 property
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located \vithin five hundrod foot (500') of tho perimeter
of the property on v:hich tho variance is being sought.
Notico shall be mailed no lator than ten (10) calondar
days prior to tho public hoaring boforo tho Board of
J\djustment in accordance with Section 2.4.2(B)(1 )(i)
(i). (iD and (iv).
(g) Variances Before the Historic Preservation Board:
Notice shall be aiven in accordance with Section
2.4.2(B)(1 )(j) (i). (iD and (iv) by mail in the same
manner as in Subsection 2.1.2(B)(1 )(f).
(h) Amendments to the Comprehensive Plan: Notice
requirements pursuant to Florida Statutes Chapter
163 shall apply. In additional, notico for pfoposed
changes to tho futuro Land Uso Map shall bo noticed
in the sarno mannor as in Section 2.1.2(B)(1 )(b) or
(c), as appropriato. In addition. notice will be aiven in
accordance with Section 2.4.2(B)(1 )(j) (D. (iD. (iiD and
(iv).
(i) Riaht-of-Wav Abandonments: Tho City shall notify
all abutting property O~J/ners by cortified mail. Said
notice shall be mailod no later than t\'Jenty (20)
calendar days prior to tho A public hearing will be held
before the Planning and Zoning Board. A notice of a
public hearina shall be aiven in accordance with
Section 2.4.2(B)(1 )(j) (i). (iD. (iv). (v) and (vD. In
addition. +!he notice shall describe the property to be
abandoned and shall generally describe the
obligations that will accrue to the property owners if
the abandonment is approved. Tho City shall also
provide notico of tho public hoaring before the
Planning and Zoning Board to tho ov:ners of all
proporty locatod 'Nithin fi'/O hundrod foot (500') of the
porimoter of the property \\'hich is to be abandoned.
Said notico shall bo mailod no lator than ten (10)
calondar days prior to tho public hoaring before the
Planning and Zoning Board. In addition, a public
notice shall be published in the logal section of a
no\"spapor and sh:1I1 appear no later than ten (10)
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c31ond3r d3Ys prior to s3id public hearing beforo the
PI3nning and Zoning Board.
(j) Other Additional Public Notice Hearings: When a
section of these Land Development Reaulations
reauires additional notice pursuant to this section. the
additional notice shall be sent in accordance with one
or more of the followina:
0) Written notice to propertv owners within five
hundred feet (500') of the perimeter of the
property which is the subject of the
development application. mailed no later than
ten (10) days prior to a public hearina.
(in Notice posted on the City's web paae at least
ten (10) days prior to the scheduled hearina.
(Hi) Notice posted by the City on the affected
property by placina one placard visible from
each adjoinina riaht-of-way or on each street
block face. at least seven (7) days before the
scheduled hearina. The placard shall be
prepared by the City and shall identify the
action to be considered and state the time and
place of the hearina. The placard shall be
removed by the City within five (5) business
days after the date the public hearina is held.
Photoeraphic documentation of the posted
placard shall be placed in the file to document
the postine of the placard.
(iv) The notice posted at City Hall.
(v) The notice mailed to adjacent property owners
twenty (20) days prior to the public hearina.
(vi) /\11 other public hearings roquired in tho
implomentation or 3mendment of these Land
De~Jelopmont Regul3tions shall bo advortisod
in tho legal soction of a nO·:Jspapor at least ton
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(10) d3Y& prior to the hearing. Advertisement
in the leaal section of a newspaper at least ten
(10) days prior to the public hearina.
(k) Concurrent Notice: When it is necessary to provide
a tetter: notice of a public hearing for multiple hearings
before one or more bodies, said notice may be
combined within a single tetter: notice.
(I) Form of Notice: Any notice for a public hearing,
\'.(hothor advertisement or lotter, shall, at a minimum,
contain the following:
ill Date and time of the public hearing,
!ill Location of the property which is the subject of
the hearing. and
(iii) Identification of the location of information
about the subject of the public hearing.
(m) Newspaper Preference: There is no legislative
preference pertaining to the publication of required
notices provided that the newspaper is published at
least five days per week.
(n) Establishment of Mailina List: Whenever notice is
to be provided by a letter, the owners of property to
be notified shall be considered to be those recorded
on the latest official county tax roll. A list of such
owners along with their mailing addresses shall be
provided as a part of the development application and
shall be accompanied by an affidavit stating that to
the best of the applicant's knowledge, the list is
complete and accurate. The list shall be
accompanied by a drawing showing all property lying
within five hundred feet (500') of the property under
consideration, and mailing labels that would include
the property owners name and mailing addresses.
(0) Chanae in Proiect: During the course of processing,
a development request, which requires public hearing
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notice, may be changed by the applicant without
requiring renotice, provided that:
ill The change is not to a new zoning designation
which is deemed as to accommodate more
intensive use; or
!ill The change does not allow the introduction of
a new type of use or another use which, in and
of itself, is subject to a public hearing.
(2) Conduct: The general conduct of a public hearing shall be
in accordance with the follo\ving provisions rules adopted by the applicable board
or if none has been adopted. by the Rules of the City Commission.
(:1) Form3t: Tho follo\&/ing format sh:111 be usod;
hOtJ:over, v:1ri:1tions m:1Y be imposod by the
Chairporson in Epocial circumst:1nces.
-*- Identific:1tion of itom by the ChairporEon;
-*- Prosentation by staff;
-*- Prosontation by the applicant or agent;
-*- Opening of tho Public Hoaring and t:1king of
tostimony from tho gonoral public;
-*- Acceptanco of final comments from the
applicant or :1gont;
-*- Closing of tho Public hoaring.
(b) ROÐrosont3tion: ,^.ny party y.~ith an intorost in the
m:1tter subjoct to :1 public he:1ring has :1 right to Epeak
3nd be hoard oithor in person or by roprosontation by
an agont or :1ttomoy. The longth of time allov.'od for
such prosont:1tions m3Y bo limited by the
Ch:1irpeFson. B03rd Members have the right to
question any person prot.'iding testimony eithor during
or after the public hO:1ring.
Section 2. That Section 2.4.3, "Public Hearing Requirements", of the
Land Development Regulations of the City of Delray Beach, Florida, be, and the same
is hereby amended to read as follows:
Section 2.4.3 Submission Reauirements
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This Section sets forth items which are to accompany an application for
development approval. These requirements may be waived when, on a case by
case basis, the Director finds that such material is not relevant or necessary to
fully analyze or make a determination relative to an application. Also, the
Director may require submission of additional information as set forth herein.
(A) Standard ADDlication Items: Every application for a
development approval shall contain the following items:
(1) A completed application form, appropriate for the
development approval which is sought, as provided by the Director.
(2) A copy of the latest warranty deed, as recorded with the
County Clerk, for all the property under consideration, and a certificate from an
attorney-at-law or a title insurance company certifying who the current fee
simple title holders of record of the subject property are, and the nature and
extent of their interest therein.
(3) If the applicant is other than a single person owner, the
written consent of the owner( s) must be provided in a certified form. When an
application is executed on behalf of a corporation or a business entity,
documentation must be provided which demonstrates that the corporation's
representative is authorized to act on behalf of the corporation.
(4) A vicinity map which clearly shows the subject property,
adjacent properties, and their relationship to streets located within one-half mile
of the property.
(5) A surveyor plat which shows the property described
pursuant to the legal description contained in the warranty deed required in
subsection (2), above. Such surveyor plat shall show all improvements on the
property and must be certified as reflecting conditions on the site as they existed
within six (6) months prior to the filing of the application.
(6) For all items which involve a public hearing which must be
noticed by letter, a list of adjacent property owners pursuant to Section
2.4.2(8)(1 )(m)!n).
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(7) Copy of a letter of notification to utility providers to which a
copy of the site plan or plat is provided. (Standard form letter provide by the
City). [Reference 2.4.2(C)(2)(a)].
(8) Payment of the appropriate processing fee. See Section
2.4.3(K) for the fee schedule.
(9) A completed "School District of Palm Beach County -
School Concurrency Application and Service Provider Form", and a check or
money order for the appropriate fee, made payable to: The School District of
Palm Beach County. This is required for all projects which include residential
dwelling units.
Section 3. That Section 2.4.5(M), "Amendment to the Land Development
Regulations", of the Land Development Regulations of the City of Delray Beach, Florida,
be, and the same is hereby amended to read as follows:
(M) Amendment to the land Development Reaulations:
(1) Rule: Amendments to the Land Development Regulations
may be initiated by the City Commission, Planning and Zoning Board or City
Administration or by an individual.:..;eF Aan individual may request an amendment
pursuant to the following procedures:
(2) Reauired Information:
(a) Submission of A ª formal letter of written request
which references the subject LDR section and
provides a rationale for the requested amendment~
and
(b) A I}Qraft of the proposed ordinance including
language to be amended: and
(c) Bv providina an Aªnalysis of the amendment and its
potential impacts including support documentation
such as exhibits, graphs, similar ordinances from
other municipalities, etc.. and
(d) Submission of the PQrocessing fee pursuant to LDR
Section 2.4.3(K).
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(3) Procedure: An amendment to the LDRs shall be processed
through the following sequence:
(a) Receipt and certification as complete;
(b) Consideration at a public hearing before the Planning
and Zoning Board.
(c) Forwarding of a recommendation for approval to the
City Commission and consideration at first reading of
the enacting ordinance;
(d) Public Hearing before the City Commission and
adoption or rejection at second reading.
(4) Conditions: The proposed language for the amendment to
the LDRs may be altered by the Planning and Zoning Board or the City
Commission.
(5) Findinas: In addition to provisions of Section 1.1.6(A), the
City Commission must make a finding that the text amendment is consistent with
and furthorE the Goals, Objectives and PolicioE of the Comprehensive Plan.
(6) Limitations of Amendments: Except for City initiated
amendments. Wwhenever the City Commission has denied an application for an
amendment to the Land Development Regulations, the City Commission shall
not thereafter consider any further application for the same type of individuallv
initiated amendment for a period of twelve (12) months from the date of such
action.
The time limits stated above may be waived by three (3) affirmative
votes of the City Commission when such action is found and deemed necessary
to prevent injustice or to facilitate the proper development of the City. Further,
the above limitations shall not apply to a petition which expires during processing
or denied in a manner deemed as "without prejudice".
Section 4. That Land Development Regulation 4.5.1 (C)(4) is hereby
amended to read as follows:
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ORD. NO. 78-04
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(4) Upon completion and formal review of the report, the Board shall
set a public hearing on each proposed designation. Notice of said hearing shall
be made to the owner of affected property at least ten (1 0) days prior to the
hearing by certified reaular mail. Additional notice shall be given in the same
manner as provided for a rezoning action [see Section 2.4.2(B)(1 )(b)] and by
notice published in the newspaper at least ten (10) days prior to the hearing~
provided. however. postine pursuant to 2.4.2(B)(1 )(b) is not reauired.
Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 7. That this ordinance shall become effective thirty (30) days after the
adoption of this ordinance.
P~SED AND ADOPTED in regular session on second and final reading on this
the \<6 day of ~~\1ItJ.th~ . 2005.
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YOR "-
ATTEST:
~^.,~ ';V. ~~
CITY CLERK
First Reading
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Second Reading
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ORD. NO. 78-04
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER errJ\
AGENDA ITEM # 'O~ - REGULAR MEETING OF JANUARY 18.. 2005
ORDINANCE NO. 78-04 (AMENDING LDR SECTION 2.4.2(B). "PUBLIC
HEARING REOUIREMENTS")
TO:
FROM:
DATE:
JANUARY 14,2005
This ordinance is before Commission for second reading and public hearing for a City initiated
amendment to Land Development Regulations (LDR) Section 2.4.2(B), "Public Hearing Requirements",
Section 2.4.3(A), "Standard Application Items", Section 2.4.5(M), "Amendment to the Land Development
Regulations", Section 4.5.1 (C), "Designation Procedures", to provide for the elimination of certain notices
not required by state law and adding new public notice requirements.
The proposed text amendment is provided to streamline the notification requirements to eliminate certain
notices not required by State Law; to add new notices in keeping with the requests from citizens; and to
utilize the changes in technology to increase the City's ability to inform its citizens of public hearing items
while reducing costs for notification through the elimination of certain published advertisements.
The amendment does not change the land use actions which are required to be noticed, it changes the
methods by which public notification for those land use actions will occur. The most significant changes
include the elimination of cosrly legal advertisements for conditional uses and amendments to the LDR's
before the Planning and Zoning Board; and the inclusion of methods such as the posting of properties for
conditional uses, rezonings, and Future Land Use Map (pLUM) amendments. In cases where notices will
not be posted, such as the abandonment of a right-of-way, legal newspaper advertisements will be
maintained. The proposed amendment also includes posting of notices on the City's web site ten (10) days
prior to the scheduled hearing and the posting of notices at City Hall. The amendment modifies LDR
Section 2.4.2(B)(2), "Conduct", to provide that public hearings shall be conducted in accordance with the
rules adopted by the applicable board, or if none has been adopted, by the Rules of the City Commission.
Minor revisions have also been made to Section 2.4.3(A) and Section 4.5.1 (C) (4) to correct references to
certain notice requirements; and Section 2.4.5(M) to correct grammatical inconsistencies and clarify certain
limits for amendments to the LDRs.
At its meeting of December 20, 2004, the Planning and Zoning Board held a public hearing regarding the
proposed text amendment. There was no public testimony. After discussion, the Board voted 5-0 to
recommend to the City Commission approval with minor grammatical changes 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 LDR Section 2.4.5(M), "Amendment to the Land
Development Regulations".
At the first reading on January 4, 2005, the Commission passed Ordinance No. 78-04.
Recommend approval of Ordinance No. 78-04 on second and final reading.
S:\Clty Clerk\agenda memos\Ord.78-04.Amending LDR regarillng Public Notice Requirements.01.18.05
FROM:
CITY COMMISSION DOCUMENTATION
D~~D~ANAGER
PAr~ORLlNG, DIRëJ0~ OF PLANNING AND ZONING
JASMIN ALLEN, PLANNER
MEETING OF JANAURY 4, 2005
CITY INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
SECTION 2.4.2(8) "PUBLIC HEARING REQUIREMENTS", SECTION 2.4.3(A) "
STANDARD APPLICATION ITEMS; SECTION 2.4.5(M) "AMENDMENT TO THE
LAND DEVELOPMENT REGULATIONS", SECTION 4.5.1(C) TO PROVIDE FOR THE
ELIMINATION OF CERTAIN NOTICES NOT REQUIRED BY STATE LAW AND
ADDING NEW PUBLIC NOTICE REQUIREMENTS.
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TO:
THRU:
SUBJECT:
BACKGROUND
The proposed text amendment is provided to streamline the notification requirements to eliminate
certain notices not required by State Law; and add new notices in keeping with the requests from
citizens; and to utilize the changes in technology to increase the City's ability to inform its citizens of
public hearing items while reducing costs for notification through the elimination of certain published
advertisements.
The proposed amendment engages a comprehensive approach to the City's notice requirements. While
it does not change the land use actions which are required to be noticed, it does change the methods
by which public notification for those land use actions will occur. The most significant changes include
the elimination of costly legal advertisements for conditional uses and amendments to the LDRs before
the Planning and Zoning Board; and the inclusion of methods such as the posting of properties for
conditional uses, rezonings and Future Land Use Map amendments. In those cases where notices will
not be posted, such as with the abandonment of a right-of-way, legal newspaper advertisements will be
maintained. The proposed amendment also includes posting of notices on the City's web site 10 days
prior to the scheduled hearing and the posting of notices at City Hall. The proposed amendment
modifies LOR Section 2.4.3(B)(2) to provide that public hearings shall be conducted in accordance with
the rules adopted by the applicable board, or if none has been adopted, by the Rules of the City
Commission. Minor revisions have also been made to Section 2.4.3(A) "Standard Application Items"
and Section 4.5.1 (C)(4) "Designation Procedures" to correct references to certain notice requirements
and, Section 2.4.5(M) to correct grammatical inconsistencies and clarify certain limits for amendments
to the Land Development Regulations.
Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. As noted previously, this amendment is being initiated more for "housekeeping"
purposes than to fulfill any specific Comp Plan policy. 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 CONSIDERATION
At its meeting of December 20, 2004, the Planning and Zoning Board held a public hearing regarding
the proposed text amendment. There was no public testimony regarding the proposed amendment.
After discussing the amendment, the Board voted 5-0 (Diane Borchardt and Mark Krall absent) to
, éj., C-
City Commission Documentation
Meeting of January 4, 2005
LDR Text Amendment Regarding Notice Provisions
Page 2
recommend to the City Commission approval with minor grammatical changes 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 the criteria set forth in Section 2.4.5(M) of the Land Development
Regulations.
RECOMMENDED ACTION
By motion, move to approve the amendment to Land Development Regulations Section 2.4.2 (B)
"Public Hearing Requirements", Section 2.4.3(A) "Standard Application Items", Section 2.4.5(M)
"Amendments to the Land Development Regulations", and Section 4.5.1 (C) (4) "Designation
Procedures", 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. 78-04
Planning and Zoning Board Staff Report
ORDINANCE NO. 78-04
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 2.4.2(B), "PUBLIC
HEARING REQUIREMENTS", TO PROVIDE FOR
ELIMINATION OF CERTAIN NOTICES NOT REQUIRED BY
STATE LAW AND ADDING NEW PUBLIC NOTICE
REQUIREMENTS AND BY PROVIDING THAT THE CONDUCT
OF A PUBLIC HEARING SHALL BE IN ACCORDANCE WITH
ADOPTED RULES; BY AMENDING SECTION 2.4.3(A),
"STANDARD APPLICATION ITEMS", TO PROVIDE FOR A
CORRECT REFERENCE TO CERTAIN NOTICE
REQUIREMENTS; BY AMENDING SECTION 2.4.5(M),
"AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS", TO PROVIDE FOR GRAMMATICAL
CHANGES AND CLARIFYING CERTAIN LIMITS FOR
AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS; AMENDING 4.5.1(C)(4) TO PROVIDE THAT
NOTICES FOR DESIGNATION OF HISTORIC SITES OR
DISTRICTS WILL CONFORM TO THE NOTICES GIVEN FOR
REZONINGS EXCEPT THE PROPERTY NEED NOT BE
POSTED; PROVIDING A SAVINGS CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to
streamline the notification requirements that meet state law and provide an improved method
and manner of reaching its citizens; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, adopts the
findings in the staff report; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the
ordinance is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1. That Section 2.4.2(B), "Public Hearing Requirements", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and is hereby amended to
read as follows:
(B) Public Hearina Reauirements: The following notice requirements and
hearing procedures shall be complied with whenever an action before a Board requires
consideration at a public hearing. Where state law expresslv sets forth notice
requirements. notice provided in accordance with state law is sufficient to meet allleaal
notice requirements despite the additional requirements that may be also required as
set forth below. These requirements :ue in 3ddition to any requirements for public
hearing notice \'\'hich are othel'\vise required by St3te Law or City Commission
procedures.
(1) Notice: AU f!Eublic hearings shall be noticed through letters to
property O't.'ners, legal 3dvertisements, or displ3Y 3dvertisements as set forth belo'.':
follows:
(a) Annexations:
(1) Non-voluntarv: Notice requirements contained within
applicable sections of Florida Statute Chapter 171
Shall apply.
(2) Voluntarv: Notice requirements contained within
applicable sections of Florida Statute Chapter 171
3nd City Charter Section 2.03 shall apply. In
addition, the S3me procedures as 3re used for
noticing :I rezoning shall apply.
(b) Privately Initiated Rezonina: Notice requirements
contained within the applicable sections of Florida Statutes
Chapter 166 shall apply. The City shall m3il 3 letter notice
of the Pbnning 3nd Zoning BO:lrd public hearing to the
o'lIner(s) of all property loc3ted 'Nithin five hundred feet
(500') of the perimeter of the property being rezoned no
bter th3n ten (10) calendar days prior to the public hearing
held before the Planning and Zoning B03rd. Additional
notice shall be aiven before the Plannina and Zonina Board
hearina in accordance with Section 2.4.2(B)(1 )(j) (i), (ii), (iii)
and (iv).
(c) City Initiated Rezonina: Notice requirements contained
within the applicable sections of Florida Statutes Chapter
166 shall apply. The City sh311 provide notice of the
Pbnning 3nd Zoning B03rd public hearing in 3ccord3nce
'Nith Chapter 166, Florida Statutes, except th3t letter notices
~Nill be m3iled no 13ter th3n ten (10) calendar d3YS prior to
the public hearing before the Planning and Zoning Board.
In cases v.(here letter notices 3re required, notice of the
Pbnning and Zoning Board public hearing sh311 be m3de to
the real property o\\(ner '....hose land is being ch3nged 3S
\&:811 as to the o'Nner(s) of all property loc3ted 'Hithin five
hundred feet (500') of the perimeter of the property being
rezoned. Additional notice shall be aiven before the
Plannina and Zonina Board hearina in accordance with
Section 2.4.2(B)(1 )(j) (i), (ii), Wi) and (iv).
2
ORD. NO. 78-04
(d) Principal, Conditional or Prohibited Use Chanaes to the
Text of the land Development Reaulations: Notice
requirements contained within the applicable sections of
Florida Statutes Chapter 166 shall apply.
(e) Conditional Uses: The City shall provide notice of the
public hearing before the Planning and Zoning Board te-tAe
OVJners of 311 property loc3ted 'Nithin fi'/e hundred feet (500')
of the perimeter of the property on 'IJhich the condition31 use
\NiII oper3to. Notice shall be mailed no later th3n ten (10)
calendar d3Ys prior to the public he3ring bef.ore the
Pbnning 3nd Zoning Board. In 3ddition, a public notice
shall be published in the legal section of 3 ne'Jlspaper 3nd
sh311 3ppear no later than ten (10) c31end3r d3Ys prior to
said public he3ring before the Planning 3nd Zoning Board in
accordance with Section 2.4.2(B)(1 )(j) (i), (ii), (iii) and (iv).
(f) Variances Before the Board of Adiustment: The City
shall provide notice of the public hearing before the Board of
Adjustment to the O~Nners of 311 property located \'.(ithin five
hundred feet (500') of the perimeter of the property on \Nhich
the variance is being sought. Notice shall be mailed no 13ter
th3n ten (10) calendar d3Ys prior to the public h03ring
bef.ore the B03rd of Adjustment in accordance with Section
2.4.2(B)(1 )(j) (i), (ii) and (iv).
(g) Variances Before the Historic Preservation Board:
Notice shall be aiven in accordance with Section
2.4.2(B)(1 )(j) (i), (ii) and (iv) by mail in the S3me manner as
in Subsection 2.1.2(B)(1 )(f).
(h) Amendments to the Comprehensive Plan: Notice
requirements pursuant to Florida Statutes Chapter 163 shall
apply. In 3dditional, notice for proposed changes to the
future Land Use Map shall be noticed in the same manner
as in Section 2.1.2(B)(1)(b) or (c), 3S 3ppropri3te. !n
addition, notice will be aiven in accordance with Section
2.4.2(B)(1 )(j) (i), (ii), Wi) and (iv).
(i) Riaht-of-Wav Abandonments: The City shall notify all
3butting property O'Nners by certified mail. Said notice shall
be m3iled no later th3n t\venty (20) c31end3r days prior to
the A public hearing will be held before the Planning and
Zoning Board. A notice of a public hearina shall be aiven in
accordance with Section 2.4.2(B)(1 )(j) (i), (ii), (iv), (v) and
(vi). In addition, +!he notice shall describe the property to
be abandoned and shall generally describe the obligations
that will accrue to the property owners if the abandonment is
3
ORD. NO. 78-04
approved. Tho City shall also provide notice of the public
hearing bef-ore the PI3nning and Zoning Bo:ud to the
OV1/ners of 311 property loc3ted 'Nithin five hundred feet (500')
of the perimeter of the property ~Nhich is to be 3b3ndoned.
Said notice shall be m3iled no l::lter than ten (10) calendar
d3Yß prior to the public hearing before the PI3nning and
Zoning BO::lrd. In 3ddition, a public notice ~hall be publi~hed
in the leg31 section of 3 ne~:¡ßpaper 3nd ßhall appe3r no 13ter
th3n ten (10) c31endar days prior to ßaid public he3ring
before the Planning 3nd Zoning Board.
U) Other Additional Public Notice Hearings: When a
section of these Land Development Reaulations reauires
additional notice pursuant to this section. the additional
notice shall be sent in accordance with one or more of the
followina:
(j) Written notice to property owners within five hundred
feet (500') of the perimeter of the property which is
the subject of the development application. mailed no
later than ten (10) days prior to a public hearina.
(ij) Notice posted on the City's web paae at least ten
(10) days prior to the scheduled hearina.
(iij) Notice posted by the City on the affected property by
placina one placard visible from each adjoinina riaht-
of-way or on each street block face. at least seven
(7) days before the scheduled hearina. The placard
shall be prepared by the City and shall identify the
action to be considered and state the time and place
of the hearina. The placard shall be removed by the
City within five (5) business days after the date the
public hearina is held. Photoaraphic documentation
of the posted placard shall be placed in the file to
document the postina of the placard.
(iv) The notice posted at City Hall.
(v) The notice mailed to adjacent property owners twenty
(20) days prior to the public hearina.
(vi) 1\11 other public he3rings required in the
implementation or 3mendment of these L3nd
Dcvelopment Regulations ßh::lll be 3dvertised in the
legal section of a ne~.\'sp::lper 3t least ten (10) d3YS
prior to the hearing. Advertisement in the leaal
4
ORD. NO. 78-04
section of a newspaper at least ten (10) days prior to
the public hearino.
(k) Concurrent Notice: When it is necessary to provide a
ættef notice of a public hearing for multiple hearings before
one or more bodies, said notice may be combined within a
single tettef notice.
(I) Form of Notice: Any notice for a public hearing, 'Nhether
ad'..'ertisement or letter, shall, at a minimum, contain the
following:
.ill Date and time of the public hearing,
illl Location of the property which is the subject of the
hearing. and
íilll Identification of the location of information about the
subject of the public hearing.
(m) Newspaper Preference: There is no legislative preference
pertaining to the publication of required notices provided
that the newspaper is published at least five days per week.
(n) Establishment of Mailina List: Whenever notice is to be
provided by a letter, the owners of property to be notified
shall be considered to be those recorded on the latest
official county tax roll. A list of such owners along with their
mailing addresses shall be provided as a part of the
development application and shall be accompanied by an
affidavit stating that to the best of the applicant's knowledge,
the list is complete and accurate. The list shall be
accompanied by a drawing showing all property lying within
five hundred feet (500') of the property under consideration,
and mailing labels that would include the property owners
name and mailing addresses.
(0) Chanae in Proiect: During the course of processing, a
development request, which requires public hearing notice,
may be changed by the applicant without requiring renotice,
provided that:
.ill The change is not to a new zoning designation which
is deemed as to accommodate more intensive use;
or
illl The change does not allow the introduction of a new
type of use or another use which, in and of itself, is
subject to a public hearing.
5
ORD. NO. 78-04
(2) Conduct: The general conduct of a public hearing shall be in
accordance with the follo'Ning provisions rules adopted by the applicable board or if
none has been adopted. by the Rules of the City Commission.
(3) Format: The follo~.\ting form3t shall be used; howe'ler,
'3riations may be imposed by the Chairperson in speci31
circumstances.
1Is. Identific3tion of item by the Chairperson;
1Is. Presentation by st3ff;
1Is. Present3tion by the 3pplicant or 3gent;
1Is. Opening of the Public He3ring and t3king of
testimony from the general public;
.2Is. /\ccept3nce of fin31 comments from the 3pplic3nt or
3gent;
1Is. Closing of the Public he:ning.
(b) Representation: I\ny party ':lith 3n interest in the matter
subject to a public he3ring h3S 3 right to speak 3nd be
he3rd either in person or by representation by 3n 3gent or
3ttorney. The length of time allo'lJed for such presentations
m3Y be limited by the Chairperson. Board Members have
the right to question 3ny person providing testimony either
during or after the public hearing.
Section 2. That Section 2.4.3, "Public Hearing Requirements", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
Section 2.4.3 Submission Reauirements
This Section sets forth items which are to accompany an application for development
approval. These requirements may be waived when, on a case by case basis, the
Director finds that such material is not relevant or necessary to fully analyze or make a
determination relative to an application. Also, the Director may require submission of
additional information as set forth herein.
(A) Standard Application Items: Every application for a development
approval shall contain the following items:
(1) A completed application form, appropriate for the development
approval which is sought, as provided by the Director.
(2) A copy of the latest warranty deed, as recorded with the County
Clerk, for all the property under consideration, and a certificate from an attorney-at-law
or a title insurance company certifying who the current fee simple title holders of
record of the subject property are, and the nature and extent of their interest therein.
6
ORD. NO. 78-04
(3) If the applicant is other than a single person owner, the written
consent of the owner(s) must be provided in a certified form. When an application is
executed on behalf of a corporation or a business entity, documentation must be
provided which demonstrates that the corporation's representative is authorized to act
on behalf of the corporation.
(4) A vicinity map which clearly shows the subject property, adjacent
properties, and their relationship to streets located within one-half mile of the property.
(5) A surveyor plat which shows the property described pursuant to
the legal description contained in the warranty deed required in subsection (2), above.
Such surveyor plat shall show all improvements on the property and must be certified
as reflecting conditions on the site as they existed within six (6) months prior to the
filing of the application.
(6) For all items which involve a public hearing which must be noticed
by letter, a list of adjacent property owners pursuant to Section 2.4.2(B)(1 )~ín1.
(7) Copy of a letter of notification to utility providers to which a copy
of the site plan or plat is provided. (Standard form letter provide by the City).
[Reference 2.4.2(C)(2)(a)].
(8) Payment of the appropriate processing fee. See Section 2.4.3(K)
for the fee schedule.
(9) A completed "School District of Palm Beach County - School
Concurrency Application and Service Provider Form", and a check or money order for
the appropriate fee, made payable to: The School District of Palm Beach County.
This is required for all projects which include residential dwelling units.
Section 3. That Section 2.4.5(M), "Amendment to the Land Development
Regulations", of the Land Development Regulations of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
(M) Amendment to the Land Development Reaulations:
(1) Rule: Amendments to the Land Development Regulations may be
initiated by the City Commission, Planning and Zoning Board or City Administration or
by an individual.:. -iÐf Aan individual may request an amendment pursuant to the
following procedures:
(2) Reauired Information:
(a) Submission of A ª formal letter of written request which
references the subject LDR section and provides a rationale
for the requested amendment: and
7
ORD. NO. 78-04
(b) A Qgraft of the proposed ordinance including language to be
amended: and
(c) By providina an Aªnalysis of the amendment and its
potential impacts including support documentation such as
exhibits, graphs, similar ordinances from other
municipalities, etc.. and
(d) Submission of the P-Qrocessing fee pursuant to LDR Section
2.4.3(K).
(3) Procedure: An amendment to the LDRs shall be processed
through the following sequence:
(a) Receipt and certification as complete;
(b) Consideration at a public hearing before the Planning and
Zoning Board.
(c) Forwarding of a recommendation f<>r 3pprov::1I to the City
Commission and consideration at first reading of the
enacting ordinance;
(d) Public Hearing before the City Commission and adoption or
rejection at second reading.
(4) Conditions: The proposed language for the amendment to the
LDRs may be altered by the Planning and Zoning Board or the City Commission.
(5) Findinas: In addition to provisions of Section 1.1.6(A), the City
Commission must make a finding that the text amendment is consistent with ami
furthers the G03Is, Objectives 3nd Policies of the Comprehensive Plan.
(6) Limitations of Amendments: Except for City initiated
amendments. Wwhenever the City Commission has denied an application for an
amendment to the Land Development Regulations, the City Commission shall not
thereafter consider any further application for the same type of individually initiated
amendment for a period of twelve (12) months from the date of such action.
The time limits stated above may be waived by three (3) affirmative votes
of the City Commission when such action is found and deemed necessary to prevent
injustice or to facilitate the proper development of the City. Further, the above
limitations shall not apply to a petition which expires during processing or denied in a
manner deemed as "without prejudice".
Section 4. That Land Development Regulation 4.5.1 (C)(4) is hereby amended to
read as follows:
8
ORD. NO. 78-04
(4) Upon completion and formal review of the report, the Board shall set a
public hearing on each proposed designation. Notice of said hearing shall be made to
the owner of affected property at least ten (10) days prior to the hearing by certified
reaular mail. Additional notice shall be given in the same manner as provided for a
rezoning action [see Section 2.4.2(B)(1)(b)] and by notice published in the newspaper
at least ten (10) days prior to the hearing: provided. however. postina pursuant to
2.4.2(B)(1 )(b) is not required.
Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 7. That this ordinance shall become effective thirty (30) days after the
adoption of this ordinance.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2005.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
9
ORD. NO. 78-04
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PLÁNÑING AND ZONING BOARD!ivlEMOR~NDUM STÀFF REpORT
" -
".
MEETING OF:
DECEMBER 20, 2004
AGENDA ITEM:
IV.E AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION
2.4.2(B), "PUBLIC HEARING REQUIREMENTS", SECTION 2.4.3{A)
"STANDARD APPLICATION ITEMS", SECTION 2.4.5(M) "AMENDMENT
TO THE LAND DEVELOPMENT REGULATIONS", AND SECTION
4.5.1(C)(4)"DESIGNATION PROCEDURES" REGARDING PUBLIC NOTICE
REQUIREMENTS
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. IT E Ni BE F··b."R É . T H Ë "I~fö A~R [j.:....
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The item before the Board is that of making a recommendation to the City Commission regarding an
amendment to Land Development Regulations Section 2.4.2 (B) "Public Hearing Requirements",
Section 2.4.3(A) "Standard Application Items", Section 2.4.5(M) "Amend;nents to the Land
Development Regulations", and Section 4.5.1 (C) (4) "Designation Proced~reS", to provide for the
elimination of certain notices not required by State Law; adding new public nótice requirements; and by
providing that the conduct of a public hearing shall be in accordance with adopted rules.
Pursuant to Section 1.1.6 an amendment to the LDRs may not be made until a recommendation is
obtained from the Planning and Zoning Board.
ll.~:~ .__n~.~~'~·-=~ u ___~ ~ "~. .:~~~,~~~~~ c ~_~~.~~~ U. ~,~....A ~=~ __ ~. ~._~~!_~!~~."'.'~~~:~.-_~.:.~ u.. . ~-"...~~~ l
The proposed text amendment is provided to streamline the notification requirements to eliminate
certain notices not required by State Law; and add new notices in keeping with the requests from
citizens; and to utilize the changes in technology to increase the City's ability to inform its citizens of
public hearing items while reducing costs for notification through the elimination of certain published
advertisements.
The ,\Iast comprehensive amendment to the notice provisions was completed in 1995, with adoption of
Ordinance 60-95, which provided for certain land development applications to be consistent with
statutory notice requirements. Although the current notice provisions were followed, on several
occasions, the Planning and Zoning department received feedback that citizens were not made aware
of certain land use action occurring within their neighborhood and that certain advertisements (specially
those legal notices which appeared in the classified section of the newspaper), which are published at
a considerable cost to the City, were often overlooked. In addition, some confusion has arisen as to
whether or not amendments to the Land Development Regulations (LDRs) have to be noticed pursuant
to the statutory requirements (which only addresses hearings before the City Commission for use
changes) or whether such amendments have to be noticed before the Planning and Zoning Board
he~rlng .
The proposed amendment engages a comprehensive approach to the City's notice requirements.
While it does not change the land use actions which are required to be noticed, it does change the
methods by which public notification for those land use actions will occur. The most significant
changes include the elimination of costly legal advertisements for conditional uses and
P&Z Board Memorandum Staff Report IV. E.
LDR Text Amendment - Regarding Notice Provisions
Page 2
amendments to the LDRs before the Planning and Zoning Board; and the inclusion of methods such as
the posting of properties for conditional uses, rezonings and Future Land Use Map amendments. In
those cases where notices will not be posted, such as with the abandonment of a right-of-way, legal
newspaper advertisements will be maintained. The proposed amendment also includes posting of
notices on the City's web site 10 days prior to the scheduled hearing and the posting of notices at City
Hall.
The proposed ordinance provides that in addition to statutory notice requirements, additional notices
shall be sent in the form of one or more of the following:
(i) Written notice to property owners within five hundred feet (500') of the perimeter of the property
which is the subject of the development application, mailed no later than ten (10) days prior to a
public hearing.
(ii) Notice will be posted on the City's web page at least ten (10) days prior to the scheduled
hearing.
(iii) Notice shall be posted by the City on the affected property by placing one placard visible from
each adjoining right-of-way or on each street block face, at least seven (7) days before the
scheduled hearing. The placard shall be prepared by the City and shall identify the action to be
considered and state the time and place of the hearing. The placard shall be removed by the
City within five (5) business days after the date the public hearing is held. Photographic
documentation of the posted placard shall- be placed in the file to document the posting of the
placard.
(iv) The notice will be posted at City Hall.
(v) The notice will be mailed to adjacent property owners twenty (20) days prior to the public
hearing.
(vi) Advertisement in the legal section of a newspaper at least ten (10) days prior to
the public hearing.
Notice provisions not affected by the proposed amendment include the provision of "Special Courtesy"
notices provided to neighborhood association representatives, once an item is set on a board agenda.
""
The proposed amendment modifies LDR Section 2.4.3(8)(2) to provide that public hearings shall be
conducted in accordance with the rules adopted by the applicable board, or if none has been adopted,
by the Rules of the City COlllmission. Minor revisions have also been made to Section 2.4.3(A)
"Standard Application Items" and Section 4.5.1 (C)(4) "Designation Procedures" to correct references to
certain notice requirements and, to modify Section 2.4.5(M) to correct grammatical inconsistencies and
clarify certain limits for amendments to the Land Development Regulations.
Comprehensive Plan Policies:
Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding
that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. As noted previously, this amendment is being initiated more for "housekeeping"
purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically
further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them.
P&Z Board Memorandum Staff Report IV. E.
LOR Text Amendment - Regarding Notice Provisions
Page 3
IT - - -.
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The proposal is not site specific and thus does not fall under the review authority of the Community
Redevelopment Agency (CRA); the Downtown Development Authority (DDA); or the Historic
Preservation Board.
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By motion, recommend to the City Commission approval of Ordinance 78-04 amending Land
Development Regulations Section 2.4.2 (B) "Public Hearing Requirements", Section 2.4.3(A)
"Standard Application Items", Section 2.4.5(M) "Amendments to the Land Development Regulations",
and Section 4.5.1 (C) (4) "Designation Procedures", by adopting the findiñgs 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.
Attachment:
. Proposed Ordinance 78-04
"I
ORDINANCE NO. 78-04
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 2.4.2(B), "PUBLIC HEARING
REQUIREMENTS", TO PROVIDE FOR ELIMINATION OF
CERTAIN NOTICES NOT REQUIRED BY STATE LAW AND
ADDING NEW PUBLIC NOTICE REQUIREMENTS AND BY
PROVIDING THAT THE CONDUCT OF A PUBLIC HEARING
SHALL BE IN ACCORDANCE WITH ADOPTED RULES; BY
AMENDING SECTION 2.4.3(A), "STANDARD APPLICATION
ITEMS", TO PROVIDE FOR A CORRECT REFERENCE TO
CERTAIN NOTICE REQUIREMENTS; BY AMENDING SECTION
2.4.5(M), "AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS", TO PROVIDE FOR GRAMMATICAL CHANGES
AND CLARIFYING CERTAIN LIMITS FOR AMENDMENTS TO THE
LAND DEVELOPMENT REGULATIONS; AMENDING 4.5.1 (C)(4)
TO PROVIDE THAT NOTICES FOR DESIGNATION OF HISTORIC
SITES OR DISTRICTS WILL CONFORM TO THE NOTICES
GIVEN FOR REZONINGS EXCEPT THE PROPERTY NEED NOT
BE POSTED; PROVIDING A SAVINGS CLAUSE, A GENERAL
R~PEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to streamline
the notification requirements that meet state law and provide an improved method and manner of
reaching its citizens; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, adopts the findings
in the staff report; and
'i\
WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the
ordinance is consistent with the Comprehensive Plan.
-
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA:
Section 1. That Section 2.4.2(B), "Public Hearing Requirements", of the Land
Development Regulations of the City of Delray Beach, Florida, be, and is hereby amended to read
as follows: ..
(B) Public Hearina Reauirements: The following notice requirements and
hearing procedures shall be complied with whenever an action before a Board requires
consideration at a public hearing. Where state law expresslv sets forth notice requirements.
notice provided in accordance with state law is sufficient to meet all leaal notice
requirements despite the additional requirements that may be also required as set forth
below. These requirements 3re in addition to 3ny requiremonts for public hearing notice
\\'hich are otherv:ise required by State La'..: or City Commission procedures.
(1 )
property O\tlners,
follows:
Notice: All ~ublic hearings shall be noticed through letters to
legal advertisements, or display advertisements as set forth below
(a) Annexations:
(1 ) Non-voluntary: Notice requirements contained within
applicable sections of Florida Statute Chapter 171 Shall
apply.
(2) Voluntary: Notice requirements contained within
applicable sections of Florida Statute Chapter 171 aM
City Ch3rter Section 2.03 shall 3pply. In addition, the
same procedures as 3re used for noticing a rezoning
shall apply.
4\
(b) Privately Initiated Rezonina: Notice requirements contained
within the applicable sections of Florida Statutes Chapter 166
shall apply. The City shall m3il a lotter notice of the Planning
3nd Zoning Board public he3ring to the ov.'ner( s) of all property
loc3ted 'tlithin five hundred feet (500') of the perimeter of the
property being rezoned no 13ter than ten (10) calendar days
prior to the public hoaring held before the Planning 3nd Zoning
B03rd. Additional notice shall be Qiven before the Plannina and
Zonina Board hearinQ in accordance with Section 2.4.2(B)(1 )(i)
{it (ii). (iii) and (iv).
(c) City Initiated Rezonina: Notice requirements contained within
the applicable sections of Florida Statutes Chapter 166 shall
apply. The City sh311 provide notice of the PI3nning and Zoning
B03rd public ho::uing in accordance 'Nith Chapter 166, Florida
St3tutes, except th3t lotter notices \\fill be mailed no later than
ton (10) calendar d3Ys prior to the public hearing before the
Planning and Zoning Board. In cases where letter notices are
2
ORD. NO. 78-04
roquirod, notico of tho Planning 3nd Zoning Board public
hearing shall bo made to tho real property ov.'nor \vhose land is
being changed as 'Noll as to the o\·Jner( s) of all property located
'Nithin five hundred foet (500') of tho porimeter of the proporty
boing rozoned. Additional notice shall be aiven before the
Planning and Zoning Board hearina in accordance with Section
2.4.2(B)(1 )(i) (it (iD. (iiD and (iv).
(d) Principal. Conditional or Prohibited Use Chanaes to the
Text of the land Development Reaulations: Notice
requirements contained within the applicable sections of Florida
Statutes Chapter 166 shall apply.
(e) Conditional Uses: The City shall provide notice of the public
hearing before the Planning and Zoning Board to tho ownors of
all property 10C3ted 'Nithin fivo hundred feet (500') of tho
perimoter of the property on 'Jlhich the conditional use ':.'iII
oporate. Notice shall bo mailed no later than ton (10) c310ndar
days prior to the public hoaring bofore tho PI3nning and Zoning
Board. In addition, a public notico shall be published in the legal
soction of a ne't.tspaper and shall appear no later than ten (10)
calend3r days prior to said public hearing bofore tho Planning
and Zoning B03rd in accordance with Section 2.4.2(B)(1 )(i) (i).
(iD. (iiD and (iv).
(f)
Variances Before the Board of Adiustment: The City shall
provide notice of the public hearing bofore the Board of
Adjustmont to tho o':lners of all property loc3tod 'J/ithin five
hundred foot (500') of the perimeter of tho proporty on 'Nhich tho
varianco is being sought. Notice shall be mailod no 13ter than
ten (10) calendar days prior to the public hearing beforo tho
Board of Adjustmont in accordance with Section 2.4.2(B)(1 )(i)
(it (in and (iv).
'*.
(g) Variances Before the Historic Preservation Board: Notice
shall be given in accordance with Section 2.4.2(B)(1 )(i) (it (ii)
and (iv) by mail in the samo mannor 3S in Subsection
2. '1 .2(B)( 1 )(f).
(h) Amendments to the Comprehensive Plan: Notice
requirements pursuant to Florida Statutes Chapter 163 shall
apply. In additional, notice for proposod changos to tho future
3
ORO. NO. 78-04
L3nd Use Map shall be noticed in the same manner 3S in
Section 2.1.2(B)(1 )(b) or (c), as 3pproprk:1te. In addition. notice
will be given in accordance with Section 2.4.2(B)(1 )(i) (it (i0. (iii)
and (iv).
(i) Riaht-of-Wav Abandonments: The City sh311 notify all abutting
property ot::ners by certified mail. S3id notice shall be mailed
no later th3n t\·..~enty (20) c310ndar d3Ys prior to the A public
hearing will be held before the Planning and Zoning Board. A
notice of a public hearinQ shall be Qiven in accordance with
Section 2.4.2(B)(1 )(i) (0. (i0. (iv). (v) and (vi). In addition. +!he
notice shall describe the property to be abandoned and shall
generally describe the obligations that will accrue to the property
owners if the abandonment is approved. The City shall also
provide notice of the public he3ring before the Planning 3nd
Zoning Board to the o\a..~ners of 311 property located 't..~ithin five
hundred foet (500') of the perimeter of the property ,.a.'hich is to
be abandoned. Said notice shall be mailed no later th3n ten
(10) c31end3r d3Ys prior to the public he3ring before tho
Planning 3nd Zoning Board. In 3ddition, a public notice sh311 bo
published in the legal scction of 3 ne'Nspapor 3nd sh311 3ppear
no 13ter th3n ten (10) calend3r days prior to s3id public hoaring
before the Planning and Zoning Board.
ü) Other Additional Public Notice Hearings: When a section of
these Land Development Regulations requires additional notice
pursuant to this section, the additional notice shall be sent in
accordance with one or more of the following:
(0 Written notice to property owners within five hundred feet
(500') of the perimeter of the property which is the
subiect of the development application. mailed no later
than ten (10) days prior to a public hearing.
(iO Notice will be posted on the City's web paQe at least ten
(10) days prior to the scheduled hearing.
(HO Notice shall be posted by the City on the affected
property by placina one placard visible from each
adioinina riaht-of-way or on each street block face. at
least seven (7) days before the scheduled hearina. The
placard shall be prepared by the City and shall identify
4
ORD. NO. 78-04
the action to be considered and state the time and place
of the hearina. The placard shall be removed by the City
within five (5) business days after the date the public
hearina is held. PhotoQraphic documentation of the
posted placard shall be placed in the file to document the
postina of the placard.
(iv) The notice will be posted at City Hall.
(v) The notice will be mailed to adiacent property owners
twenty (20) days prior to the public hearinQ.
(vi) All other public hearings required in the implementation
or amendment of those Land Development Regulations
shall be advertised in the legal section of a neYJspaper at
loast ten (10) days prior to the hearing. Advertisement in
the leaal section of a newspaper at least ten (10) days
prior to the public hearina.
(k) Concurrent Notice: When it is necessary to provide a IetteF
notice of a public hearing for multiple hearings before one or
more bodies, said notice may be combined within a single IetteF
notice.
(I) Form of Notice: Any notice for a public hearing, v/hethor
advortisement or letter, shall, at a minimum, contain the
following:
"
ill Date and time of the public hearing,
!ill Location of the property which is the subject of the
hearing. and
(iii) Identification of the location of information about the
subject of the public hearing.
(m) Newspaper Preference: There is no legislative preference
pertaining to the publication of required notices provided that the
newspaper is published at least five days per week.
(n) Establishment of Mailina List: Whenever notice is to be
provided by a letter, the owners of property to be notified shall
be considered to be those recorded on the latest official county
5
ORD. NO. 78-04
tax roll. A list of such owners along with their mailing addresses
shall be provided as a part of the development application and
shall be accompanied by an affidavit stating that to the best of
the applicant's knowledge, the list is complete and accurate.
The list shall be accompanied by a drawing showing all property
lying within five hundred feet (500') of the property under
consideration, and mailing labels that would include the property
owners name and mailing addresses.
(0) Chanae in Proiect: During the course of processing, a
development request, which requires public hearing notice, may
be changed by the applicant without requiring renotice, provided
that:
ill The change is not to a new zoning designation which is
deemed as to accommodate more intensive use; or
!ill The change does not allow the introduction of a new type
of use or another use which, in and of itself, is subject to
a public hearing.
(2) Conduct: The general conduct of a public hearing shall be in
accordance with the follo~\/ing provisions rules adopted bv the applicable board or if none
has been adopted. bv the Rules of the City Commission.
(a) Format: Tho follov/ing format shall bo usod; hO'f/o\'or,
variations may bo imposed by the Chairperson in spe~ial
circumstancos.
~
~
~ ~
~
~
~
Idontification of item by the Chairperson;
Presentation by staff;
Prosentation by tho applicant or agont;
Opening of tho Public Hearing and taking of testimony
from the general public;
Accopklnco of final comments from tho applicant or
agent;
Closing of the Public hearing.
(b) Representation: Any party 'Nith an intorest in the mattor
subject to a public hearing has a right to sp03k and bo heard
eithor in porson or by represontation by an agont or attorney.
The length of timo allowod for such presentations may be
limitod by tho Chairporson. Board Members have the right to
6
ORD. NO. 78-04
question 3ny person providing tostimony either during or aftor
tho public h03ring.
Section 2. That Section 2.4.3, "Public Hearing Requirements", of the land
Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
Section 2.4.3 Submission Reauirements
This Section sets forth items which are to accompany an application for development
approval. These requirements may be waived when, on a case by case basis, the
Director finds that such material is not relevant or necessary to fully analyze or make a
determination relative to an application. Also, the Director may require submission of
additional information as set forth herein.
(A) Standard Application Items: Every application for a development approval
shall contain the following items:
(1) A completed application form, appropriate for the development
approval which is sought, as provided by the Director.
(2) A copy of the latest warranty deed, as recorded with the County Clerk,
for all the property under consideration, and a certificate from an attorney-at-law or a title
insurance company certifying who the current fee simple title holders of record of the
subject property are, and the nature and extent of their interest therein.
(3) If the applicant is other than a single person owner, the written
consent of the owner( s) must be provided in a certified form. When an application is
executed on behalf of a corporation or a business entity, documentation must be provided
which demonstrates that the corporation's representative is authorized to act on behalf of
the corporation.
(4) A vicinity map which clearly shows the subject property, adjacent
properties, and their. relationshlp to streets located within one-half mile of the property.
(5) A surveyor plat which shows the property described pursuant to the
legal description contained in the warranty deed required in subsection (2), above. Such
surveyor plat shall show all improvements on the property and must be certified as
reflecting conditions on the site as they existed within six (6) months prior to the filing of
the application.
7
ORD. NO. 78-04
(6) For all items which involve a public hearing which must be noticed by
letter, a list of adjacent property owners pursuant to Section 2.4.2(B)(1 )(m}{n}.
(7) Copy of a letter of notification to utility providers to which a copy of the
site plan or plat is provided. (Standard form letter provide by the City). [Reference
2.4.2(C)(2)(a)].
(8) Payment of the appropriate processing fee. See Section 2.4.3(K) for
the fee schedule.
(9) A completed "School District of Palm Beach County - School
Concurrency Application and Service Provider Form", and a check or money order for the
appropriate fee, made payable to: The School District of Palm Beach County. This is
required for all projects which include residential dwelling units.
Section 3. That Section 2.4.5(M), "Amendment to the Land Development Regulations",
of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is
hereby amended to read as follows:
(M) Amendment to the land Development Reaulations:
(1) Rule: Amendments to the Land Development Regulations may be
initiated by the City Commission, Planning and Zoning Board or City Administration or by
an individual~ -;ef Aan individual may request an amendment pursuant to the following
procedures:
(2) Reauired Information:
."
(a) Submission of A ª formal letter of written request which
references the subject LOR section and provides a rationale for
the requested amendment: and
(b) A 9Qraft of the proposed ordinance including language to be
amended: and
(c) By providina an Aªnalysis of the amendment and its potential
impacts including support documentation such as exhibits,
graphs, similar ordinances from other municipalities, etc.. and
(d) Submission of the PQrocessing fee pursuant to LOR Section
2.4.3(K).
8
ORD. NO. 78-04
(3) Procedure: An amendment to the lDRs shall be processed through
the following sequence:
(a) Receipt and certification as complete;
(b) Consideration at a public hearing before the Planning and
Zoning Board.
(c) Forwarding of a recommendation for 3pprov31 to the City
Commission and consideration at first reading of the enacting
ordinance;
(d) Public Hearing before the City Commission and adoption or
rejection at second reading.
(4) Conditions: The proposed language for the amendment to the lDRs
may be altered by the Planning and Zoning Board or the City Commission.
(5) Findinas: In addition to provisions of Section 1.1.6(A), the City
Commission must make a finding that the text amendment is consistent with 3nd furthers
the G031s, Objectives 3nd Policios of the Comprehensive Plan.
(6) Limitations of Amendments: Except for City initiated amendments.
Wwhenever the City Commission has denied an application for an amendment to the land
Development Regulations, the City Commission shall not thereafter consider any further
application for the same type of individuallv initiated amendment for a period of twelve (12)
months from the date of such action.
The time limits stated above may be waived by three (3) affirmative votes of
the City Commission when such action is found and deemed necessary to prevent injustice
or to facilitate the proper development of the City. Further, the above limitations shall not
apply to a petition which expires during processing or denied in a manner deemed as
"without prejudice".
Section 4. That land Development Regulation 4.5.1(C)(4) is hereby amended to read
as follows:
(4) Upon completion and formal review of the report, the Board shall set a public
hearing on each proposed designation. Notice of said hearing shall be made to the owner
of affected property at least ten (10) days prior to the hearing by cortified reQular mail.
Additional notice shall be given in the same manner as provided for a rezoning action [see
9
ORD. NO. 78-04
Section 2.4.2(B)(1)(b)] and by notice published in the newspaper at least ten (10) days
prior to the hearing: provided. however. postina pursuant to 2.4.2(B)(1 )(b) is not reauired.
Section 5. 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 6. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 7. 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 , 2004.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
,~
10
ORD. NO. 78-04
C!.- t2 ..
C CfAIJ ({Ut)V)& (-J-ca¿)
www.boeanéws.com · Boca RatonIDefray Beach News -lbursday, Jåríuary 6IFriday, Januæy 7, 2005 31
'100
ANNOUNCEMENTS
~
LEGAL NOTICES
QTf Uf II£LIIA' IIUQI, FLOIIIUA
IIOTICE OF JIUIUC IIEARØIG
A PUBUC HEARING wiD be held OR the
following proposed ordinances at 7:00
~ on TUESDAY, JANUARY 18~
_~is~byua:n~
:=~' roo1heN.~ ~ =
Beach, Florida, at which time the City
Gommission wiD consider their ~
!iOn. The ~~n::eCity~
:=.. 100 NW 1stAvenue, Del-
~ Beach, florida, between the houlS
of 8:00 a.m. and 5:00 p.m., ~
~~~.J:¡~åttend
and be heard with respect to the pr0-
posed ordinances.
ORIJINANCE NO. 11-04
AN ORDINANCE OF THE CITY C0M-
MISSION OF THE CITY OF DElRAY
~~~~
OF THE CITY OF DElRAY BEACH. BY
~~~lIi~~,t
PROVIDE fOR EUMlNATION OF CER-
TAIN NOTICES NOT REQUIRED BY
STATE LAW AND ADDING NEW PUB-
UC NOTICE REQUIREMENTS AND BY
PROVIDING THAt THE CONDUCT OF
A PUBUC HEARING SHAll BE IN
ACCORDANCE WITH ADOPTED
RULES; BY AMENDING SECTION
~:;gr=&~~
RECT REFERENCE TO CERTAIN
NOTICE REQUIREMENTS; BY
~~~.~~
OPMENT REGUlATIONS", TO PR0-
VIDE fOR GRAMMATICAL CHANGES
AND ClARIfYING ŒRTAIN UMITS
fOR AMENDMENTS TO l1£ lAND
DEVElOPMENT REGUlATIONS;
~~~~~
HISTORIC SITES OR DISTRICTS WIlL
CONFORM TO THE N01lCES GIVEN
~
LEGAL NOTICES
t-OH H~UNING51:X(;I:P I I HI: PHUP-
ER1Y NEED NOT BE POSTED. PRO-
VIDING A SAVINGS CLAUSE, A GEN-
·ERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE
ORDINANCE NO. HJS
AN ORDINANCE OF THE CITY COM-
MISSION OF THE Cf1Y OF DELRAY
BEACH. flORIDA. MOOIFYING THE
COMMUNI1Y REDEVELOPMENT
PLAN FOR THE CITY OF DELRAY
BEACH, ANDING THAT THE MODIA·
CATIONS CONFORM TO THE COM-
MUNITY REDEVELOPMENT ACT OF
1969, AS AMENOEO, ANDING THAT
THE MODlACATlONS ARE CONSIS-
TENT WITH THE CJ1Y OF DElRAY
BEACH'S COMPREHENSIVE PlAN.
AND MAKING FURTHER ANDINGS
PURSUANT TO THE APPLICABLE
REQUIREMENTS OF FlORIOA
STATUTE 163.360; PROVIDING A
GENERAL REPEAlER CLAUSE, A
SAVING ClAUSE AND AN EFÆCTlVE
DATE.
ORDINANCE NO. NI5
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DElRAY
BEACH. flORIDA. AMENDING CHAP-
TER 34, "ElECTIONS", SECTION
34.01, "STATE LAW TO GOVERN",
EXEMP11NG m>ELf FROM THE PRO-
VISIONS OF SECTION 101.657, F.S.,
SPEClACAllY RElATED TO EARLY
VOTING; PROVIOING FOR RB..ETTER-
100; PROVIDING A GENERAl
REPEALER CLAUSE, A SAVING
ClAUSE AND AN EFFECTIVE DATE.
0R0IItMΠNO. U5
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CfTY OF DElRAY
BEACH, FlORIDA. AMENDING CHAP-
TER 96, 'ARE SAfElY AND EMER-
GENCY SERVICES', OF THE CODE OF
ORDINANCES OF THE CfTY OF Da.-
RAY BEACH, BY AMENDING SECTION
96.66, "EMERGENCY MEOICAL
-lRANSPORTATlON ÆES", SUBSEC-
~~~THE~
ICAL TRANSPORTATION IN ACCOR-
DANCE WITH l1iE NATIONAL AMERI-
CAN ÆE SCHEDULE: PROVIDING A
SAVING ClAUSE. A GENERAl
REPEAI..ER CLAUSE AND AN EFFEC-
1M DATE.
Please be advised 1hat . a person
decides 10 appeal arry decIsIoIi made
by the City CoIM1Issión wIIb respect to
arry maIIBr c:onsIdefW at It1ese hear-
Ings. such peISOII may need to IIII!Rn
-Ihat a V8IbaIIm ItICOOI includes 1he tes-
timony and evidence UJIOII whII:h the
appeal Is to be based. The CIty does
~r:.=05~ recoro.
~I
LEGAL NOTICES i
i
CI1Y OF OELRAY BEACH
Chevelle 0 Nubtn
CIty Clerk
PUBLISH. Thursday, January 6, 2005
Boca Raton/Delray Beach News
Ad #119381