Ord 11-05
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ORDINANCE NO. 11-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES OF THE CITY OF DELRA Y BEACH,
FLORIDA, BY AMENDING SECTION 2.4.4(E) ,
"EXPIRATION OF APPROVALS", SUBSECTION 2.4.4(E)(2),
"CONDITIONAL USES, SITE PLANS, LANDSCAPING
PLANS, ARCHITECTURAL PLANS, PRELIMINARY
SUBDIVISION PLATS", TO PROVIDE FOR A LONGER
EXPIRATION PERIOD, PROVIDING FOR
APPLICABILITY; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the approvals for conditional uses, site plans, landscaping plans, architectural
plans and preliminary subdivision plats have been linúted to an eighteen (18) month duration unless
extended; and
WHEREAS, requests for extensions of time have become more numerous; and
WHEREAS, due to many economic, permitting, and construction factors, it has become
more difficult to establish a project during the eighteen (18) month period; and
WHEREAS, the City has determined that lengthening the time to establish a project for an
additional six (6) months, from eighteen (18) months to twenty four (24) months, is more realistic in
today's economic and construction climate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA:
Section 1. That the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, is hereby amended by amending Section 2.4.4(E), "Expiration of
Approvals", Subsection 2.4.4(E)(2), "Conditional Uses, Site Plans, Landscaping Plans, Architectural
Plans, Preliminary Subdivision Plats", is hereby amended to read as follows:
(' " " '\
(E) E'Q)iration of Approvals:
(2) Conditional Uses. Site Plans. Landscaping Plans. Architectural Plans.
Preliminar;r Subdivision Plats: The following shall apply to de-.-clopmœt applieat10as
apprm'ed sooseqt1ent to Oetober 1, 1990. unexpired development approvals that have not
been previously extended and new development applications submitted prior to March 15.
2005 and to new development applications submitted after March 15.2005. Upon approval,
or appf<YJlM subjeet to eoadiuoas by the grftßting body, sttid aet10fi Development approvals
shall be valid for a period of eighteen (18) twenty-four (24) months, unless a different period
is specifically stated in conditions of approval. During this approval period, the project shall
be established pursuant to 2.4.4(D). Thi3 Sooseetion aho applies to any extensiofts whieh
may be graated to a previous apprO'V'ft'l. This section shall not apply to extensions of
development approvals. Extensions shall be governed by Section 2.4.4(f).
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.
~~ AND ADOPTED in reguJar session on second and 6nal ,eading on this I~day
of , 2005.
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ATIEST:
~~.~~
CITY CLERK
First Reading 3 \ \~ í0 '?
Second Reading 3\\S \9!:>
2
ORD. NO. 11-05
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER W'Î
AGENDA ITEM # '0 A. - REGULAR MEETING OF MARCH 15. 2005
ORDINANCE NO. 11-05
TO:
FROM:
DATE:
MARCH 11, 2005
This ordinance is before Commission for second reading and second public hearing for a City initiated
amendment to Land Development Regulations (LDR) Section 2.4.4(E), "Expiration of Approvals", to
provide for a longer expiration period for Conditional Uses, Site Plans, Landscaping Plans, Architectural
Plans, and Preliminary Subdivision Plats.
Pursuant to LDR Section 2.4.4(E) approvals have been limited to an eighteen (18) month duration unless
a different penod is specifically stated in conditions of approval. Within the past few years, requests for
extensions of approvals have become more numerous. Due to many economic, permitting, and
construction factors, it has become more difficult to establish a project during the eighteen (18) month
period. Therefore, the proposal is to amend the current regulation to lengthen the time frame to
establish a project for an additional six (6) months, from eighteen (18) months to twenty four (24)
months. This may be more realistic based upon today's economic and construction climate. The
proposed two (2) year approval period lS consistent with other municipalities in Palm Beach County.
The Planning and Zoning Board held a pubhc hearmg at its meeting of February 28, 2005. One member
of the public advised that the proposal is inconsistent with the new Design Guidelines in the CBD
(Central Business District). They have not broken ground yet on the proposed new project on the
southeast corner of Venetian Drive and Atlantic Avenue. There are legal issues concerning long-term
leases, and this information should have been known when the due diligence was performed. If this item
is retroactive, it will be extended and the site will be developed under the old guidelines rather than the
new ones. This should not be made retroactive or only retroactive for those projects approved under the
Design Guidelines for the CBD. Another member of the public concurred that this should not be
retroactive. Staff advised that since the Design Guidelines were adopted in 2003, there is almost a year's
worth of projects that would be impacted. These projects are in various stages of design and it would be
much cleaner to apply the regulations retroactively. This would accommodate projects which may be
very far along in their design from having to start over agam. After discussing the amendment, the
Board voted 7-0 to recommend to the City Commission approval of the proposed amendment, based
upon positive 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 LDR Section 2.4.5(M)
(Amendment to Land Development Regulations).
At the first reading on March 1,2005, the City Commission passed Ordinance No. 11-05.
Recommend approval of Ordinance No. 11-05 on second and final reading.
S:\Clty CIerk\agenda memos\Ord.l1-05 ExpuabOn of Approvals 03.15.05
~
TO:
THRU:
FROM:
SUBJECT:
CITY COMMISSION DOCUMENTATION
DAVID T. HARDEN, CITY MANAGE ~~ '
PAUL DORLlNG, DIRECTOR OF PLANNING AND Z NG
JEFFREY A. COSTELLO, ASSISTANT PLANNING D ECTO~
MEETING OF MARCH 1, 2005
CONSIDERATION OF A CITY INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 2.4.4(E) "EXPIRATION OF APPROVALS"
TO PROVIDE FOR A LONGER EXPIRATION PERIOD FOR CONDITIONAL USES,
SITE PLANS, LANDSCAPING PLANS, ARCHITECTURAL PLANS AND PRELIMINARY
SUBDIVISION PLATS.
BACKGROUND/ANALYSIS
Pursuant to LDR Section 2.4.4(E)(2), approvals for conditional uses, site plans, landscaping plans,
architectural plans and preliminary subdivision plats have been limited to an eighteen (18) month
duration unless a different period is specifically stated in conditions of approval. During the approval
period, the project shall be established pursuant to 2.4.4(D), unless the time period is extended pursuant
to LDR Section 2.4.4(F). Section 2.4.4(D) states that a development project shall be considered
established when it meets one of the following tests: (1) Improvements representing twenty-five percent
(25%) of the total cost of all improvements to be used in developing the project have been constructed;
or (2) A certificate of occupancy has been issued for use of the property pursuant to the development
approval.
Within the past few years, requests for extensions of approvals have become more numerous. Due to
many economic, permitting, and construction factors, it has become more difficult to establish a project
during the eighteen (18) month period. Therefore, the proposal is to amend the current regulation to
lengthen the time frame to establish a project for an additional six (6) months, from eighteen (18) months
to twenty four (24) months. This may be more realistic based upon today's economic and construction
climate. The proposed two (2) year approval period is consistent with other municipalities in Palm Beach
County.
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. This amendment is being initiated more for "housekeeping" purposes than to fulfill any specific
Comprehensive Plan policy. While the amendment does not specifically further the Goals, Objectives,
and Policies of the Comprehensive Plan, it is not inconsistent with them.
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PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board will consider the proposed text amendment at their meeting of February
28, 2005. The Board's recommendation will be provided at the City Commission meeting.
RECOMMENDED ACTION
Move to approve the attached amendment to the Land Development Regulations Section 2.4.4(E)
Expiration of Approvals. 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, with second reading to occur on March 15, 2005.
Attachment: Proposed Ordinance
'QE
ORDINANCE NO. ll....-05
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY
AMENDING SECTION 2.4.4(E), "EXPIRATION OF
APPROVALS", SUBSECTION 2.4.4(E)(2),
"CONDITIONAL USES, SITE PLANS, LANDSCAPING
PLANS, ARCHITECTURAL PLANS, PRELIMINARY
SUBDIVISION PLATS", TO PROVIDE FOR A LONGER
EXPIRATION PERIOD, PROVIDING FOR
APPLICABILITY; PROVIDING A SAVINGS CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the approvals for conditional uses, site plans, landscaping plans,
architectural plans and preliminary subdivision plats have been limited to an eighteen
(18) month duration unless extended; and
WHEREAS, requests for extensions of time have become more numerous; and
WHEREAS, due to many economic, permitting, and construction factors, it has
become more difficult to establish a project during the eighteen (18) month period; and
WHEREAS, the City has determined that lengthening the time to establish a
project for an additional six (6) months, from eighteen (18) months to twenty four (24)
months, is more realistic in today's economic and construction climate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA:
Section 1. That the Land Development Regulations of the Code of
Ordinances of the City of Delray Beach, Florida, is hereby amended by amending
Section 2.4.4(E), "Expiration of Approvals", Subsection 2.4.4(E)(2), "Conditional Uses,
Site Plans, Landscaping Plans, Architectural Plans, Preliminary Subdivision Plats", is
hereby amended to read as follows:
(E) Expiration of Approvals:
(2) Conditional Uses. Site Plans. Landscapina Plans.
Architectural Plans. Preliminary Subdivision Plats' The following shall apply to
development :lpplioations :lpprovod subsequent to October 1, 1990. unexpired
development approvals that have not been previouslv extended and new
development applications submitted prior to March 15. 2005 and to new
development applications submitted after March 15. 2005. Upon :lppro'.':lI, or
:lpprov:l1 subject to conditions by the granting body, s:lid aotion Development
approvals shall be valid for a period of eightoon (18) twenty-four (24) months,
unless a different period is specifically stated in conditions of approval. During
this approval period, the project shall be established pursuant to 2.4.4(0). +ffis
III.D.
Subsection also applies to any e~ensions which may be granted to a previous
approval. This section shall not apply to extensions of development approvals.
Extensions shall be Qoverned by Section 2.4.4(F).
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
_ day of , 2005.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
œ: &tð I (U't.VJ~ (fJil-')
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO
THE LAND DEVELOPMENT REGULATIONS
BY AMENDING SECTION 2.4.4(E),
IIEXPIRATION OF APPROVALS",
SUBSECTION 2.4.4(E)(2) nCONDlTlONAL
USES, SITE PLANS, LANDSCAPING PLANS,
ARCHITECTURAL PLANS, PRELIMINARY
SUBDIVISION PLATS" TO PROVIDE FOR A
LONGER EXPIRATION PERIOD
ORDlNAN<E NO. 11-05
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The City Commission of the City of Delroy BeIKh, Aorida, proposes 10 adopl the following ordiOOlKe:
AN ORDINANCE OF THE COY COMMISSION OF THE mY OF DELRAY BEACH, flORIDA, AMENDING THE
lAND DEVELOPMENT REGUlATIONS OF THE CODE OF ORDINANCES OF THE COY OF DELRAY BEACH,
flORIDA, BY AMENDING SEmON 2.4 4(E), "EXPIRATION OF APPROVALS", SUBSEmON 2.4.4(E)(2),
"CONDITIONAL USES, SITE PlANS, lANDSCAPING PlANS, ARCHITEUURAL PlANS, PRELIMINARY SUB-
DIVISION PlATS", TO PROVIDE FOR A LONGER EXPIRATION PERIOD, PROVIDING FOR APPLlCABILOY;
PROVIDING A SAVING ClAUSE, A GENERAL REPEALER ClAUSE, AND AN EFFEmVE DATE.
The City Commission Witl condud two (2) Public Hearings for the purpose of accepting public I~mo-
ny regarding the proposed ordinance. The first Public: Hearing will be held on TUESDAY, MAR{H
1, 2005, AT 7:00 P.M. at City HolI, 100 N.W. I st Avenue, Delray Beach, Florida. If the proposed
ontmance is passed on first reading, a second Public Heoring will be held on TUESDAY, MARCH 15,
. 2005, AT 7:00 P.M. (or 01 ony continuotion of such meeting which is sel by the Commission) in the
Commission Chombers at City HolI, lOON. W. I st Avenue, Delroy Beach, Florido.
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All inlerested citizens are invited 10 o1Iend the public heañngs ond comment upon the proposed ordi-
nance or submit their conunents in writing on or before the date of these hearings 10 the Planning and
Zoning Deportment. For further informotion or loobtoin 0 copy of the proposed ordinance, please
coolocl the Planning and Zoning Departmenl, City HoA, 100 N.W. 1st Avenue, Dekay Beach, Rorida
33444 (emod at pzmoil@mydelroybelKh.com) or by colling 561/243-7040), between the haws of
8·00 o.m. ond 5:00 p.m., Monday through Friday, excluding holidoys.
PLEASE BE ADVISED THAT IF A PERSON DEaDES TO APPEAL ANY DECISION MADE BY THE CITY
COMMISSION WITH RESPEU TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY
NEED TO ENSURE THAT A VERBATIM RECORD INCWDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED. THE my DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT
TO F.S. 286.0105.
CITY OF DELRAY BEACH
Chevele D. Mubin
CilyClerk
PUBLISH: Monday, February 21, 2005
Tuesday, March 8, 2005
Boco Raton/Delray Beach News
Ad# NS020S79
cc: Câ1.o/~ (i0i)
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO
THE LAND DEVELOPMENT REGULATIONS
BY AMENDING SECTION 2.4.4(E),
HEXPIRATION OF APPROVALS",
SUBSECTION 2.4.4(E)(2) IICONDITIONAL
USES, SITE PLANS, LANDSCAPING PLANS,
ARCHITECTURAL PLANS, PRELIMINARY
SUBDIVISION PLATS" TO PROVIDE FOR A
LONGER EXPIRATION PERIOD
The Gty Commission of !he Gty of Delroy Bead!, Florida, proposes to adopt !he following ordinanœ:
ORDINANCE NO. 11-05
.
AN ORDINANCE OF THE OTY COMMISSION OF THE CITY OF DEWY BEACH, RORIDA, AMENDING THE
lAND DEVElO.PMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SEmON 2.4.4IE), "EXPIRATION OF APPROVALS·, SUBSECTION 2.4.4(E)12),
·CONDmONAL USES, SITE PlANS, LANDSCAPING PLANS, ARCHITEUURAL PlANS, PREUMINARY SUB-
DIVISION PlAYS", TO PROVIDE FOR A LONGER EXPIRATION PERIOD, PROVIDING FOR APPLICABILITY;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFEŒVE DATE.
The Gty Commission will conducllwo (2) Public Hearings for !he purpose of oaepIing public testim0-
ny regarding the proposed ordinance. The first PubtK Hearing will be held on TUESDAY. MAROI
1. 2005, AT 7:00 P.M. at Gty Hall, 100 N.W. 1st Avenue, Delroy Beam, Rorida. If !he proposed
ordinanc:e is passed on first reading, 0 second Public Hearing will be held on TUESDAY.. MARCH 15,
2005, AT 7:00 P.M. lor at any conlinuation of such meeting which is sel by the Commission) in !he
Commission Chambers at Gty Hall, 100 N.W. 1 st Avenue, Delroy Beach, Aorido.
AI interested ålizens ore invited to oIIend the publk hearings one! comment upon !he proposed d-
nalKe or submit their comments in writing on or before !he dote of these hearings 10 !he Planning one!
Zoning Deportment. For further information or 10 obtain 0 copy of the proposed ordinance, please -.
contod !he Planning ond Zoning Deportment, Gty Hall, lOON. W. 1 st Avenue, Delroy Beach, Aorida
33444 (emod at pzmad@mydelroybeoch.coml or by col~ng 561/243-7040), between the hours of
8:00 o.m. and 5:00 p.m., Monday through Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DEaDES TO APPEAL ANY DECISION MADE BY THE OTY
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY
NEED TO ENSURE THAT A VERBATIM RECORD. INCLUDES THE TESTIMONY AND MDENΠUPON WHICH
THE APPEAL IS TO BE BASED. THE OTY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT
TO [S. 286.0105.
.
OTY OF DEWY BEAOI
Chevele D. Ng
Gtyae.t
PUBUSH: Monday, February 21, 2005
Tuesday, March 8, 2005
Boca Rolon/Delroy Beach News
AM N5020579
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