Ord 30-01ORDINANCE NO. 30-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
CHAPTER SIX, "INFRASTRUCTURE AND PUBLIC PROPERTY,"
SECTION 6.1.3, "SIDEWALKS", SUBSECTION (C)(2), "SIDEWALK
CONSTRUCTION", TO ELIMINATE THE REQUIREMENT
RELATING TO WIRE MESH; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on April 16, 2001, and voted unanimously to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Six, "Infrastructure and Public Property", Section 6.1.3,
"Sidewalks", Subsection (C)(2), "Sidewalk Construction", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
amended to read as follows:
Section 6.1.3 Sidewalks
(C) Sidewalk Construction Requirements
(2) Concrete sidewalks, which are located in driveways, shall have a minimum
depth of six inches (6"), cev. ta~.n # ! 0 .-: .4?. ! 9 w~.re mesS, and shall be constructed of Class I concrete
with a minimum strength of 3,000 p.s.i.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,~2R2ag ,2001.
ATTEST
Acting City Clerk
First Reading
MAYOR
Second Reading
2 ORD. NO. 30-01
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~/~
AGENDA ITEM # /O~- REG~ MEETING OF MAY 15:,
ORDINANCE NO. 30-01 (REGARDING CONSTRUCTION STANDARDS
FOR SIDEWALKS THROUGH DRIVEWAYS)
DATE: MAY 11, 2001
This is second reading and public hearing for Ordinance No. 30-01 which amends LDR Section
6.1.3(C)(2) to provide consistency between the LDR requirement and the City's Minimum
Construction Standards and Specifications Manual as it relates to construction requirements for
sidewalks in driveways. The LDR requirement should read as follows:
Concrete sidewalks, which are located in driveways, shall have a minimum depth of
six inches (6"), and shall be constructed of Class I concrete with a minimum strength
of 3,000 p.s.i".
At the first reading on May 1~, Commission voted 5-0 to approve Ordinance No. 30-01. Recommend
approval of Ordinance No. 30-01 on second and final reading.
Ref:Agmemo21.Ord.30-01.S~dewalks. Final.05.15.01
TO:
THRU:
FROM:
SUBJECT:
JEFFREY A. COSTELLO, PRINCIPAL PLANNE~- -
MEETING OF MAY '1, 2001
AMENDMENT TO LDR SECTION 6.1.3(C)(2), REGARDING CONSTRUCTION
STANDARDS FOR SIDEWALKS THROUGH DRIVEWAYS.
This amendment is being processed to provide consistency between the LDR requirement and the
City's Minimum Construction Standards and Specifications Manual. LDR Section 6.1.3(C)(2) relates
to construction requirements for sidewalks in driveways and states the following:
"Concrete sidewalks, which are located in driveways, shall have a minimum depth of
six inches (6"), contain #10 x #10 wire mesh, and shall be constructed of Class I
concrete with a minimum strength of 3,000 p.s.£ "
At its meeting of January 20, 1998, the City Commission approved an amendment, which modified
other portions of this section to be consistent with the City's Minimum Construction Standards and
Specifications Manual. At that time, the portion of the requirement relating to wire mesh should have
been eliminated. The requirement should read as follows:
"Concrete sidewalks, which are located in driveways, shall have a minimum depth of
six inches (6"), and shall be constructed of Class I concrete with a minimum strength of
3,000 p. s.i."
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 made for "housekeeping" purposes. While the
amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive
Plan, it is not inconsistent with them.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of April 16,
2001. There was no public testimony regarding the amendment. After discussing the item, the Board
voted 7-0 to recommend to the City Commission approval of the proposed text amendment, based
upon positive findings with respect to LDR.Section 2.4.5(M).
By motion, approve the amendment to LDR Section 6.1.3(C)(2), based upon the findings and
recommendations by the Planning and Zoning Board, setting a public hearing date of May 15, 2001.
Attachments: Ordinance by Others
ORDINANCE NO. 30-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
CHAPTER SIX, "INFRASTRUCTURE AND PUBLIC PROPERTY,"
SECTION 6.1.3, "SIDEWALKS", SUBSECTION (C)(2), "SIDEWALK
CONSTRUCTION", TO ELIMINATE THE REQUIREMENT
RELATING TO WIRE MESH; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the
proposed text amendment at a public hearing held on April 16, 2001, and voted unanimously to
recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board,
sitting as the Local Planning Agency, has determined that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Six, "Infrastructure and Public Property", Section 6.1.3,
"Sidewalks", Subsection (C)(2), "Sidewalk Construction", of the Land Development Regulations
of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby
amended to read as follows:
Section 6.1.3 Sidewalks
(C) Sidewalk Construction Requirements
(2) Concrete sidewalks, which are located in driveways, shall have a minimum
depth of six inches (6"), :on*.=!n #! 0 x #! 0 wire mesh, and shall be constructed of Class I concrete
with a minimum strength of 3,000 p.s.i.
Section 2. That should any section or provision of this ordinance or any portion thereof,
any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder hereof as a whole or part thereof other
than the part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
__ day of ., 2001.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
2 ORD. NO. 30-01