Ord 25-05
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ORDINANCE NO. 25-05
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
SUBDMSION PLATS", AND ORDINANCE NO. 11-05 TO
PROVIDE THAT EXTENSIONS OF TIME GRANTED
PURSUANT TO SECTION 2.4.4(F) (4) SHALL NOT BE
DEEMED TO BE A PREVIOUS EXTENSION PURSUANT
TO SECTION 2.4.4(E) (2), 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 extended by Ordinance No. 11-05.
WHEREAS, the City desires to clarify that an extension under Section 2.4.4(F)(4) is not to
be considered an extension under 2.4.4(E)(2); and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on April 18, 2005 and voted 7 to 0 to
recommend that the changes be approved; and,
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has detemùlled that the change is consistent with and further
the goals, objectives and policies of the Comprehensive Plan; and,
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and,
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF 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)Çpiration of Approvals:
(2) Conditional Uses. Site Plans. Landscaping Plans. Architectural Plans.
Preliminary Subdivision Plats: The following shall apply to 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. Development approvals shall be valid for a period of 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). This section shall not
apply to extensions of development approvals. Extensions shall be governed by Section
2.4.4(F)~: provided. however an extension granted under 2.4.4 (F)(4) shall not be considered
a previous extension under this section.
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.
I
2 ORD. NO. 25-05
II
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! PASSED AND ADOPTED in regular session on second and final reading on this ~ day
of ~ ,2005.
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ATTEST:
~ S).~~~
I CITY CLERK
First Reading A \~ \0:$
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Second Reading 5\3\ C;D
3 ORD. NO. 25-05
I
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MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER t;rtv1
SUBJECT: AGENDA ITEM # ~OD - REGULAR MEETING OF MAY 3.2005
ORDINANCE NO. 25-05
DATE: APRIL 29, 2005
This ordinance is before Commission for second reading and second public hearing for a City initiated
amendment to Land Development Regulations Section 2.4.4(E), "Expiration of Approvals", to specify
that extensions of time granted pursuant to Section 2.4.4(F)(4) shall not be deemed a previous extension.
At its meeting of March 15, 2005, the Commission approved an amendment to the Land Development
Regulations (LDR) to lengthen the time frame to establish a project from eighteen (18) months to
twenty-four (24) months. Pursuant to LDR Section 2.4.4 (E) (2), approvals for conditional uses, site
plans, landscaping plans, architectural plans, and preliminary subdivision plats are limited to a twenty-
four (24) month duration unless a different period is specifically stated in conditions of approval. During
the approval period, the project shall be established pursuant to LDR 2.4.4(D), unless the time period is
extended pursuant to LDR Section 2.4.4(F). The proposed amendment is to clarify that an extension
under Section 2.4.4(F)(4), which relates to litigation preventing construction, is not to be considered an
extension under 2.4.4(E)(2). Thus, once litigation has concluded, the time frame to establish a project
shall be twenty-four (24) months; unless the litigation is not resolved within seven (7) years from the
initial date of approval, then the extension procedures of LDR Section 2.4.4(F)(1), (2), and (3) would
apply.
The Planning and Zoning Board held a public hearing at its meeting of April 18, 2005. There was no
public testimony. 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 April 19, 2005, the City Commission passed Ordinance No. 25-05.
Recommend approval of Ordinance No. 25-05 on second and final reading.
s:\Ctty Clerk\agenda memos\Ord 25-05 Exptrabon of Approvals 24.4(F)94) 050305
01\
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II CITY COMMISSION DOCUMENTATION II
TO: DAVID T. HARDEN, CITY MANAGE~ ~
THRU: PAUL DORLlNG, DIRECTOR OF PLANNING AND ING
FROM: JEFFREY A. COSTELLO, ASSISTANT PLANNING E
SUBJECT: MEETING OF APRIL 19, 2005
CONSIDERATION OF A CITY INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 2.4.4(E) "EXPIRATION OF
APPROVALS" TO SPECIFY THAT EXTENSIONS OF TIME GRANTED
PURSUANT TO SECTION 2.4.4(F)(4) SHALL NOT BE DEEMED A PREVIOUS
EXTENSION.
[I BACKGROUND/ANALYSIS II
At its meeting of March 15, 2005, the City Commission approved an amendment to the Land
Development Regulations to lengthen the time frame to establish a project from eighteen (18)
months to twenty four (24) months. Pursuant to LDR Section 2.4.4(E)(2), approvals for
conditional uses, site plans, landscaping plans, architectural plans and preliminary subdivision
plats are limited to a twenty-four (24) 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). The
purpose of the proposed amendment IS to clarify that an extension under Section 2.4.4(F)(4),
which relates to litigation preventing construction, is not to be considered an extension under
2.4.4(E)(2). Thus, once litigation has concluded, the time frame to establish a project shall be
twenty-four (24) months; unless the litigation is not resolved within seven (7) years from the
initial date of approval, then the extension procedures of LDR Section 2.4.4(F)(1), (2), and (3)
would apply.
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 clarification 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.
I " PLANNING AND ZONING BOARD CONSIDERATION ~
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The Planning and Zoning Board will consider the proposed text amendment at their meeting of
April 18, 2005. The Board's recommendation will be provided at the City Commission meeting.
II RECOMMENDED ACTION II
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 May 3, 2005
Attachment: Proposed Ordinance
\OE
ORDINANCE NO. 25-05
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", AND ORDINANCE NO. 11-05 TO
PROVIDE THAT EXTENSIONS OF TIME GRANTED
PURSUANT TO SECTION 2.4.4(F) (4) SHALL NOT BE
DEEMED TO BE A PREVIOUS EXTENSION PURSUANT
TO SECTION 2.4.4(E) (2) , 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 extended by Ordinance No. 11-05.
WHEREAS, the City desires to clarify that an extension under Section 2.4.4(F)(4) is not to
be considered an extension under 2.4.4(E)(2); and,
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on April 18, 2005 and voted 7 to 0 to
recommend that the changes be approved; and,
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and further
the goals, objectives and policies of the Comprehensive Plan; and,
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and,
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is
consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF 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~iration of Ap,provals:
(2) Conditional Uses. Site Plans. Landscaping Plans. Architectural Plans.
Preliminary Subdivision Plats: The following shall apply to 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. Development approvals shall be valid for a period of 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). Tlus section shall not
apply to extensions of development approvals. Extensions shall be governed by Section
2.4.4(F)~; provided. however an extension granted under 2.4.4 (F)(4) shall not be considered
a previous extension under this section.
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.
2 ORD. NO. 25-05
PASSED AND ADOPTED in regular session on second and final reading on this _ day
of , 2005.
MAYOR
ATTEST:
CITY CLERK
First Reading
Second Reading
3 ORD. NO. 25-05
,
Cc ", CtlADlCUtMe cm OF DEIlAY BOCH
N01ICE OF PROPOSED AMENDMENr TO
-1IIE lAND DEVELOPMENr REGUIA110NS
BY AMENDING SECOON 2AA(E),
"ElPlRA1ION OF APPROVAlS",
SUBSECOON 2.4.4(1)(2) IICONDIIIONAI.
USES, SIll PlANS, lANDSCAPING PlANS, -
ARCHmClURAL PlANS, PREUMlNARY
SUBDMSlON PlATS", AND ORDINANCE
NO. 11.05 TO PROVIDE 1HA1
EX'IINSIONS OF 11ME GRANlED
PURSUANT TO SECOON 2A.4(F)(4) ø:
SHAll NOT . DEEMED TO . A PlM- a:>
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GUS EXTENSION PURSUANT TO '"
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SECOON 2AA.(E)(2) - ð
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The City Commission of Ihe City of Delroy Beach, Flol'lda, proposes 10 adopt Ihe foI- ~
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lowing ordinance. . z:
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ORDINANCE NO. 25-05 I
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AN ORDINANCE OF THE OTY COMMISSION OF THE OTY OF DElRAY BEACH, ~
FLORIDA, AMENDING THE lAND DEVElOPMENT REGUlATIONS OF THE COOE i
OF ORDINANCES OF THE CIlY OF DELRAY BEACH, FLORIDA, BY AMENDING N
SECTlON 24..4(E), "EXPIRATION OF APPROVALS", SUBSECTION 2.4.4(E)(2J, ~
'CONDITIONAL USES, SITE PLANS, lANDSCAPING PlANS, ARCHlTEauRAl Q.
:::I
PlANS, PRELIMINARY SUBDIVISION PlATS", AND ORDINANCE NO. 11-()5 TO ~
...
PROVIDE THAT EXTENSIONS OF TIME GRANTED PURSUANT TO secnON ~
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2.4..4(FK4) SHAll NOT BE DEEMED TO BE A PREVIOUS EXTENSION PURSUANT ~
TO SECTlON 2.4..4(E)(2), PROVIDING FOR APPUCA8IUTY, PROVIDING A SAVING N
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CAUSE, A GENERAl REPEAlER ClAUSE, AND AN EFFECTIVE DATE N
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The City Commission will CDnduct two (2) Public Hecmngs for Ihe purpose of accept- I
ing public lestimony regarding Ihe proposed ordinance. The Fir$! Public Hearing will co
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be held on TUESDAY. APRIL 19, 2005, AT 7:00 P.M. at City HoD, lOON W. :::I
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1 st Avenue", Delroy Beach, Florida. If !he proposed ordinance is passed on first :Ii
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reading, a second Public Hearing will be held on TUESDAY. MAY 3, 2005, AT 1:>
0
7:00 p.M. (or at any continuohon of such meeting which is set by !he Commission) 3
in !he Commission Chambers at City Hall, lOON W 1st Avenue, Delroy Beach,
Florida
All inleresJed åtizens ore invited 10 ottencIlhe public hearings and comment upon
!he proposed ordinance or submit their comments in writing on or before !he date of
these hearings 10 !he Planning and Zoning Deporhnent. For furiher information or
10 obtain a copy of the proposed ordinance, please conlacl the Planning and Zoning
Deportment, City Hall, 100 N.W 1st Avenue, Delroy Beach, Florida 33444 (emo~
at pzmoilCtmydelrQ)'beoch coml or by calling 561/243-7(40), beIween Ihe hours
of 8.00 a.m and 5:00 p.m , Mondoythrough Friday, excluding holidays.
PlEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ÞNf DEOSION
-MADE BY THE OTY COMMISSION WITH RESPECT TO ÞNf MATTER CONSIDERED
AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM
RECORD INClUDES THE TESTlMONY AND EVIDENCE UPON WHICH THE APPEAl
IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD
PURSUANT T9 F.S. 286.01 05.
OTY OF DElRAY BEACH
CheYelIe D. Nubin
City Clerk
PUBUSH: Monday, April 11, 2005
Tuesday, April 26, 2005
8oc:a Rolon/Delroy Beach News
AdtI NS040511
-~
~Cl Ctuwl (tfln~ (ßY OF DELlAY BUCH
N01KE OF PROPOSED AMENDMENT TO
THE lAND DEVELOPMENT REGULA1IONS
BY AMENDING SEmoN 2AA(E),
"EXPIRAtION OF APPROVAlS",
SUBSECßON 2A.4(E)(2) IICONDIDONAL
USES, SRI PlANS, lANDSCAPING PlANS,
ARCHRlClURAL PlANS, PRELIMINARY
SUBDMSION PlATS", AND ORDINANCE
NO. 11-05 TO PROVIDE tHAT
EXlENSIONS OF ... GRANTED ~
PURSUANT TO SEaION 2AA(F)(4)
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SHALL NOT BE DEEMED TO BE A PRM· <>
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GUS EXIINSION PURSUANT TO en
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SEC110N 2AA.(E)(2) .
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"The Cìly CommIssion of the Cìly of Delroy Beach, Florida, proposes 10 adopt the 101- g
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lowIng ordinance 0
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ORDINANCE NO. 25-05 ""
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DElRAY BEACH, :z:
~
flORIDA, AMENDING THE lAND DEVElOPMENT REGULATIONS OF THE CODE en
OF ORDINANCES OF THE CITY OF DElRAY BEACH, FLORIDA, BY AMENDING I
3:
SECTION 2 4 4(E). "EXPIRATION OF APPROVALS", SUBSECTION 2 4 4(E)(2), 0
"
ø.
"CONDmONAl USES, SI1E PLANS, lANDSCAPING PLANS, ARCHITECTURAL ~
PLANS, PREUMINARY SUBDIVISION PlATS", AND ORDINANCE NO 11-05 TO i:
PROVIDE mAT EXTENSIONS OF TIME GRANTED PURSUANT TO SECTION ~
~
2 4 4(F)(4) SHAll NOT BE DEEMED TO BE A PREVIOUS EXTENSION PURSUANT r.>
TO SECTION 2 4 4(E)(2), PROVIDING FOR APPUCABIUTY, PROVIDING A SAVING 0
0
en
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE cø
The Cily CommIssion wIll conduct two (2) Publ,c Hearings for the purpose of accept-
Ing public testimony regarding the proposed ordinance. The first PublIC Hearing will
be held on TUESDAY. APRIL 19.2005. AT 7:00 P.M. at Cily Hall, 100 NW
1 st Avenue, Delroy Beach, Florida If the proposed ordinance IS possed on f,rst
reading, a second Public Hearing wIll be held on TUESDAY. MAY 3. 2005. AT
. . 7:00 P.M. (or at any continuation of such meeting wllIch IS set by the Commission)
in the CommissIon Chambers at Cily Hall, 100 N W 1 st Avenue, Delroy Beach,
florida
All ¡n~rested citizens are invited 10 attend the public hearings and comment upon
the proposed ordinance or submit theIr comments in wrillng on or belore the dale of
these hear,ngs to the Planning and Zoning Deparhnent. For further inlormation or
to obtOln a copy of the proposed ordinance, please contact the Planning and ZOning
Deparhnenl, c.ly Hall, lOON W 151 Avenue, Delroy Beach, Floñda 33444 (email
at pzmOlI@mydelraybeach com) or b.y calling 561/243-70401. between the hours
01 8 00 a m and 5 00 p.m , Monday through Frldoy, excluding holIdays
PlEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAl ÞNf DECISION
MADE BY THE CITY COMMISSION WITH RESPEa TO ANY MATTER CONSIDERED
AT THESE HEARINGS, SUCH PERSON MAY Na:D TO·ENSURE THAT A VERBATIM
RECORD INCLUDES THE TESTIMONY AND EVIDENCE'UPON WHICH THE APPEAl
IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD
PURSUANT TO F S 286 0105
CITY OF DElRAY BEACH
Chevelle D. Nubin
Cily Clerk
PUI\USH' 'Monday, April!!, 2<J95> '¡'It \¡,o;;' .. _ "'--;'ÍI~ .. .I" "' .
Tuesday, April 26, 2005 o ._
Boca Raton/Delroy Beach News
Ad# NS040511