Ord 49-05
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ORDINANCE NO. 49-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
; ORDINANCES, BY AMENDING SECTION 2.4.3 (K),
I "FEES" , SUBSECTION 2.4.3 (K)(1 ), "DEVELOPMENT
APPLICATIONS", TO PROVIDE FOR AN INCREASE IN
THE DEVELOPMENT APPLICATION FEES; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTNE 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 June 20, 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
furthers the goals, objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission ofthe 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, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 2.4.3(K), "Fees", Subsection 2.4.3(K)(1), "Development
Applications", 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:
(K) Fees: Processing fees shall be collected for development applications. The fees
shall be as established herein and as modified by ordinance ofthe City Commission.
i
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(1) DeveloDment ADDlications: The following fees shall be charged for
development applications. All fees are cumulative and separate unless otherwise indicated.
Combined applications shall provide multiple fees.
(a) Comprehensive Plan Amendment $¥OO 2.310
(b) ReviewofaADAJDRI $~ 3.465
Modification of a DRI $4,1-00-1.155
(c) Voluntary Annexation with Zoning $-I-;GOO 1.050 (4)
(d) Rezoning of Land $1,320 1.390
I (e) Modification of a SAD Ordinance to add a use or uses $~ 1.390
(t) Conditional Uses, New Application $-I-;GOO 1.050
Modification requiring Board Review $ ~ 580
(g) Master Plans $-l-;-lOO 1.155 (1)
Master Plan Modification (5)
I (h) Formal review of a Sketch Plan [Section 2.4. 1 (B)] $~ 580
¡
(i) Similarity of Use $m290
(j) Site Plan Review:
Class I (Non- Impacting Modification) $ .¡.oo 105
Class II (Non-Impacting with Board Review) $ 2:00 210
Class III (Minor Modification) $ ~ 525 (1)
Class N (Major Modification) $ ~ 870 (1)
Class V (New Submission) $-l-;-lOO 1.155 (1)
(k) Extension requests for a previously approved $ ~ 580
conditional use or site plan (only one fee is required
ifboth items are being extended for one project)
(1) Plats
Minor Subdivision $ ~ 870
(1)
! Major Subdivision $ -l-;éW 1.735 (1)
Plat Recording Fee (3)
2 Ordinance No. 49-05
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I
(m) Abandonments
Right-of-way $ ~ 580
General Easements $ ~ 350
Specific Easements $ -1* 175
I (n) Master Sign Program $ -I-W 120
; (0) Variance through the Board of Adjustment or the $ ~ 210
i
Historic Preservation Board
(P) Formal interpretation by the Board of Adjustment $ W 55
(q) Certificate of Appropriateness by Board
Alterations and/or Repairs $ W 55 (2)
New Construction and Additions $ 525 ill
Demolition and Relocation $ 525
(r) Certificate of Appropriateness by Administrator $ 0
(s) Request for Historic Designation $ W 55
(t) Hearing before the Board of Construction Appeals $ W 55
(per item) $ W 55
(u) Temporary Use Request involving City Commission $ -I-W 120
Action
(v) Water Service Agreement Request
- - without concurrent site plan $ -I-W 120
- - with concurrent site plan $ 0
(w) Land Development Regulations Text Change $ +;GOO 1.050
(x) Waivers and Internal Adjustments $ +W 120 per request (6)
$ m 235 per request (7)
(y) Appeals by Applicant $ ~ 315 (8)
(z) Re-advertising (9)
3 Ordinance No. 49-05
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(aa) Zoning Verification Letter $ M 110
(bb) Single Family Overlay District Site Plan Review $ ~ 750 (1)
NOTES:
(1) Plus an additional fee of$100 per acre, or any fraction thereof, beginning at 3.01 acres, up to
a maximum of $3,000 per project.
(2) This fee shall be credited against any other processing fee which may be applicable to the
request.
i (3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from
I time to time by Palm Beach County, payable to Palm Beach County.
(4) Fee may be waived by the City Manager, for properties that have already been developed, or
for sites under one (1) acre in size.
(5) Same fee that would apply for site plan modification.
(6) For requests made during the site plan / master plan review process.
(7) For requests made subsequent to the site plan / master plan review process.
(8) Includes appeals of both administrative decisions and Board actions.
(9) Advertising costs.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
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4 Ordinance No. 49-05
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PASSED AND ADOPTED in regular session on second and final reading on this the
~ day of Pn~~+ , 2005 .
ATTEST ~A~O?c
~~~/
Acting City Clerk
First Reading 0711 cv' Q)naS
Second Reading ao/J¥~
5 Ordinance No. 49-05
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CITY COMMISSION DOCUMENTATION
TO: I ~R~ANAGER
THRU: PAUL DORLlNG, DIRE R OF PLANNING AND ZONING
FROM: JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRECTOR
SUBJECT: MEETING OF AUGUST 16, 2005
CITY -INITIATED AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION 2.4.3(K)(1) TO PROVIDE FOR AN INCREASE IN
THE DEVELOPMENT APPLICATION FEES.
II BACKGROUND I ANAL YSIS II
During the changes to the fee schedule in 2003, the City Commission directed staff to process
changes as needed every two years. Staff researched adjacent municipality fee schedules for
similar development activities and determined that an increase in fees of 5% is justified. The
fees have been rounded up in Increments of five dollars ($5.00). This increase would place the
City of Delray Beach's fees in the mid range of the municipalities surveyed. In addition, the
proposal includes significant adjustments for processes that are undervalued. The proposal
includes a new fee for a Certificate of Appropriateness (COA) as it relates to new construction
and additions in historic districts that require review by the Board. The fee is equivalent to the
fee for review of single family homes in the North Beach/Seagate and Ocean Neighborhood
Overlay Districts. This fee will now reflect the staff time and detailed analysis that goes into the
review of these items and will be consistent with other fees changed for similar actions before
other Boards.
Also, a new fee is proposed for demolition requests within historic districts and requests to
relocate structures out of the district. Demolition of structures within historic districts or
relocation out of the districts is counter the goals and objectives of historic preservation and the
creation of historic districts. With the development pressures in the City's historic districts these
requests have become more prevalent and as they usually accompany other COA requests no
fee is assessed. This activity requires analysis and preparation of a detailed staff report,
therefore a fee similar to a Class III site plan process is proposed.
Besides the two additional fees proposed, the most significant increase relates to zoning
verification letters. Many of these requests involve multiple items and extensive research to
formulate a response, which sometimes resemble a site analysis/staff report. The current fee
schedule of fifty five dollars ($5500) does not cover the staff time necessary to prepare these
documents. The proposed increase is to double the fee to better cover the staff time in the
research of these responses.
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. While the amendment does not specifically further the Goals,
Objectives, and Policies of the Comprehensive Plan, It is not inconsistent with them.
The City Commission considered the ordinance at their July 5, 2005 meeting on first reading. At
second reading on July 19, 2005 the ordinance was modified to increase the fee charged for
Beach District overlay review and it was reconsidered as a first reading. The ordinance is now
before you for second and final reading.
\oE
City Commission Documentation
LDR Text Amendment - Land Development Application Fees
Page 2
~ PLANNING AND ZONING 130ARD CONSIDERATION i
At its meeting of June 20, 2005, the Planning and Zoning Board held a public hearing regarding
the amendment. There was no public testimony regarding the proposed changes. After
discussing the amendment, the Board voted 7-0 to recommend to the City Commission
approval of the proposed amendment, 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.
II RECOMMENDED ACTION II
Approve on second reading the ordinance amending Land Development Regulations Section
2.4.3(K)(1) regarding proposed increases to the Land Development Application Fees, 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: Proposed Ordinance
City Commission Documentation
LOR Text Amendment - Land Development Application Fees
Page 3
ORDINANCE NO. 49-05
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF CODE OF
ORDINANCES, BY AMENDING SECTION 2.4.3(K),
"FEES", SUBSECTION 2.4.3(K)(1 ), "DEVELOPMENT
APPLICATIONS", TO PROVIDE FOR AN INCREASE IN
THE DEVELOPMENT APPLICATION FEES; 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 June 20, 2005 and
voted 7 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.317 4( 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 ofthe 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, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 2.4.3(K), "Fees", Subsection 2.4.3(K)(1 ),
"Development Applications", 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:
(K) Fees: Processing fees shall be collected for development applications. The fees
shall be as established herein and as modified by ordinance of the City Commission.
(1) DeveloDment ADDlications: The following fees shall be charged for
development applications. All fees are cumulative and separate unless otherwise indicated.
Combined applications shall provide multiple fees.
(a) Comprehensive Plan Amendment $~2.310
(b) Review of a ADAlDRI $~ 3.465
City Commission Documentation
LDR Text Amendment - Land Development Application Fees
Page 4
Modification of a DR! $+,1-00-1.155
(c) Voluntary Annexation with Zoning $-l-;OOG 1.050 (4)
(d) Rezoning of Land $~ 1.390
(e) Modification of a SAD Ordinance to add a use or uses $~ 1.390
(t) Conditional Uses, New Application $-l-;OOG 1.050
Modification requiring Board Review $ MG 580
(g) Master Plans $-l-;-lOO 1.155 (1)
Master Plan Modification (5)
(h) Formal review of a Sketch Plan [Section 2.4.1 (B)] $~ 580
(i) Similarity of Use $ m 290
(j) Site Plan Review:
Class I (Non-Impacting Modification) $ .f..OO 105
Class II (Non-Impacting with Board Review) $ ~ 210
Class III (Minor Modification) $ ~ 525 (1)
Class IV (Major Modification) $ ~ 870 (1)
Class V (New Submission) $-l-;-lOO 1.155 (1)
(k) Extension requests for a previously approved $ MG 580
conditional use or site plan (only one fee is required
if both items are being extended for one project)
(1) Plats
Minor Subdivision $ ~ 870
(1)
Major Subdivision $ ~ 1.735 (1)
Plat Recording Fee (3)
(m) Abandonments
Right-of-way $ MG 580
General Easements $ ~ 350
Specific Easements $ -lM 175
(n) Master Sign Program $ -l-W 120
(0) Variance through the Board of Adjustment or the $ ~ 210
Historic Preservation Board
(p) Formal interpretation by the Board of Adjustment $ W 55
City Commission Documentation
LOR Text Amendment - Land Development Application Fees
Page 5
(q) Certificate of Appropriateness by Board
Alterations and/or Repairs $ W 55 (2)
New Construction and Additions $ 525 ill
Demolition and Relocation $ 525
(r) Certificate of Appropriateness by Administrator $ 0
(s) Request for Historic Designation $ W 55
(t) Hearing before the Board of Construction Appeals $ W 55
(per item) $ W 55
(u) Temporary Use Request involving City Commission $ -l-W 120
Action
(v) Water Service Agreement Request
- - without concurrent site plan $ -l-W 120
- - with concurrent site plan $ 0
(w) Land Development Regulations Text Change $ -l-;QOO 1.050
(x) Waivers and Internal Adjustments $ -I-W 120 per request (6)
$ ~ 235 per request (7)
(y) Appeals by Applicant $ JOO 315 (8)
(z) Re-advertising (9)
(aa) Zoning Verification Letter $ M 110
(bb) Single Family Overlay District Site Plan Review $ W() 750 (1)
NOTES:
(1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to
a maximum of $3,000 per project.
(2) This fee shall be credited against any other processing fee which may be applicable to the
request.
(3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from
time to time by Palm Beach County, payable to Palm Beach County.
(4) Fee may be waived by the City Manager, for properties that have already been developed, or
for sites under one (1) acre in size.
(5) Same fee that would apply for site plan modification.
(6) For requests made during the site plan / master plan review process.
City Commission Documentation
LDR Text Amendment - Land Development Application Fees
Page 6
(7) For requests made subsequent to the site plan / master plan review process.
(8) Includes appeals of both administrative decisions and Board actions.
(9) Advertising costs.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 5. 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 ,200_
ATTEST MAYOR
City Clerk
First Reading
Second Reading
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24 Friday. August 5, 2005 - Boca Ra1DnIDeIray Beach News · www.bOCa/16WS.com
- - ---""... -- ~ ~-- -- ~-
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~~ NOTICES I
t"UljU::itt r-naay, AUgust ::t, 2Ltœ> I
Boca RaIonIDeIray Bead1 News
Ad 11231;13
--
100
ANNOUNCEMENTS
----ŒÐ- :
LEGAL Ncmcø I
!
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_Of__
A PUBlIC HEARING wi be held on !he
~ 0RGnce- at 7-00
pm' on Y, AUGUST 16, 2005
\ .. at"'f __ 01 such..-.g
which is SOl by1l1e CommIssionJ¡ In !he
CIty CommIssion a..nIJoB. 1 ItW
1st A_ Dekay BeacI>. FlorIda. at
which time !he CIty CommIssion WIN
consider lis adoption. The proposed
onfnanœ may be InspecIed at the
0tIiœ "'!he Cily CI.d"it CIty Hal; 100
N W 1st A1IIInue, = Beach, Ron-
da, _the hours: B-OO",Dt and
5-00 p.l1L, ~ through Fr1day,
exœpI holidays ln1erested parties
"",ilMlBdtoalleOOandbehealdWlll1 \
respecI to the proposed omlllan.. I
I
IIIIOIIIAIIŒ 110 _ I
AN ORDINANCE OF THE CITY c0M-
MISSION OF THE CITY OF DELRAY
BEACH, FlORIDA. AMENDING THE
LAND DEVB.OPMENT REGULATIONS
OF THE CODE OF ORDINANCES, BY"
AMENDING SECTION 2 4 3~à '
·fEES". SUBSECTION 2 ml9 1 .
"DEVELOPMENT APPUCATI ,
PROVIDE FOR AN INCREASf IN THE
DEVB.OI'MENT APPtICATION FEES,
PROVIDING A SAVING ClAUSE,' A
GENERAl REPEALER CLAUSE, AND
þJ EffECTM! DAlE. <
Pleasebeadvlsedlllalda_
::sc:=.=o:""''':
"'f-~"--'
ings, such ....... may _111........
lIIaIa _ .-dIadudesØle.....
= and f\IIdIInœ UIOIt -. ØIe
is to be based. The aty _
... IIWÌdII .... = such nICOI!L
PlJrsuanl1IIFS IIfiI!i ',.$
CITY OF DaRAY BEACH
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24 Friday, July 8, 2005 - Boca RatonlDelray Beach News · www bocanews.com
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LEGAL NOTICES : LEGAL NOTICES
HI:Ht::IN. ~ A LOCAl HI~IUHIG 51 It::. I Pursuant to F S 2860105
PROVIDING FOR THE AMENDMENT I
OF THE "ZONING MAP OF DELRAY I CITY OF DELRAY BEACH
BEACH, FLORIDA, APRIL 2005", PRO- I CI1eveIIe D Nubln
VIDING A GENERAL REPEALER City Cleric
CLAUSE, A SAVING CLAUSE, AND AN '
EFFECTIVE DATE , PUBLISH friday, July S, 2005
I Boca RatoniDelrny Beach News
100 ORDtNAHCE NO 51-115 I Ad #123049
AN ORDINANCE OF THE CITY COM I
ANNOUNCEMENTS MISSION Of THE CITY OF DElRAY
---- 100 I-- BEACH, FLORIDA, AMENDING ARTI- !
ClE 6.3, -USE AND WORK IN THE I
PUBLIC RIGHT-;OF-WAY" TO ADD
LEGAL NOTICES "SIDEWALK CAFE" TO THE TITLE AND
AMENDING SECTION 6.3 3, ''SIDE-
WALK CAÆ" Of THE lAND DEVELOP- I
Çß1' Uf RLIIA' IIUIØII, ROIIIDA MENT REGULATIONS, TO PROVIDE I
FOR A R8Xlf.D DEANITION DF SIDE-
_OF__ WALK , AND BY AMENDING
A PUBUC HEARING wll be held on the 6 3.3~) TO PROVIDE FOR PERMIT ,
COM LlANCE DATES, AMENDING I
~~1I'J=3[~~~ ~TI£N ST~~DS~8R gJNU,f
at i6IY con1l11uabon of sud1 meebng SUSPENSION, REVOCATION, OR
whICh Is set by the COI11IT1IS5IOt1), In the APPEALS AND CLARIFYING THE
Ci1y CommissIon Chambers, 100 N W JURISDICTION OF THE CODE I
~~W;::'~ =.=~¡ ENFORCeMENT BOARD, PROVIDING
A SAVING ClAUSE, A GENERAL
consider their adoption The proposed REPEALER ClAUSE, AND AN EFFEC-
ordlf18l1œS may be IIIspected at the TIVE DATE
Office of the CtIy Clerk at City Hall, 100
~W~~uehOO~~8~inA~~ ORDtNAHCE NO. 52-115
5'00 pm, Monday through Fnday, AN ORDINANCE OF THE CITY COM-
except holidays AI tnferesled parties MISSION OF THE CITY OF DELRAY I
are InvIIed to attend and be hean1 W1th BEACH, FLORIDA, AMENDING CHAP·
respect to the proposed ordonances TER 35, "EMPlOYEE POLICIES AND
OROIIIANCE NO._ BENEFITS", SUBHEADING "RETIRE·
MENT PlAN", OF THE CODE Of ORDI- ,
NANCES Of THE CITY OF DELRAY
AN ORDINANCE OF THE CITY COM- BEACH, FLORIDA, BY AMENDING
MISSION Of THE CITY Of DELRAY SECTION 35097, "RETIREMENT
BEACH ,FLORIDA, AMENDING THE INCOME, BASIS, AMOUNT, AND PAY-
lAND DEVELOPMENT REGULATIONS MENT", TO PROVIDE A CORRECTION
OF THE CODE OF ORDINANCES, BY TO THE lETTERING CHANGING THE
AMENDING SECTION 2 4 3~t ~JJ8~) re~'1~T~mrTT~LI~
"FEES", SUBSECTION 2 4 3~) 1 ,
"DEVELOPMENT APPLICATION , AND TO ENSURE THAT FORMER SEC· I
PROVIDE FOR AN INCREASE IN THE TION "C" IS IN RJLL FORCE AND
DEVElOPMENT APPUCATlON ÆES, EFFECT, PROVIDING A GENERAL
PROVIDING A SAVING ClAUSE, A REPEALER CLAUSE, A VAUDITY
GENERAl REPEAlER CLAUSE, AND CLAUSE. AND AN EfÆCllVE DATE
AN EFFECTIVE DATE
Please be advtsed that If a person
ORllfHAllCE NO. 5IHI5 _ to appeal i6IY decision made
by the Ci1y CommtSS(1II W1th respect to
AN ORDINANCE OF THE CITY COM- any matter considered at these hear-
MISSION Of THE CITY OF DELRAY '11QS such person may need to enSUre
BEACH, FLORIDA, DESIGNATING THE thet a verbatim record mcludes the res·
SEWEll. C BIGGS HOUSE LOCATED IImony and """"'nee upon whICh the
AT 212 SEABREEZE AVENUE !IS appeal IS to be based The C~does
MORE PARrICUlARIò(.DESCIIIBiD~ " i1!>t",1Mlle"nl!t ~ !u'" 111 ·1