Ord 19-13ORDINANCE NO. 19 -13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 2.2.4, "THE BOARD OF
ADJUSTMENT ", SUBSECTION B, "COMPOSITION", TO MODIFY
THE BOARD MEMBER REQUIREMENTS FOR THE BOARD OF
ADJUSTMENT, 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 August 19, 2013 and voted 6 to 1 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 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 DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 2.2.4, "The Board of Adjustment ", Subsection (B),
"Composition ", 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 2.2.4. The Board of Adjustment
(B) Composition.
�1) The Board of Adjustment shall consist of five regular members. In
addition, there shall be two (2) alternate members. In the absence of a regular
member, an alternative member shall be called to sit, and act in lieu of the
regular member, by the Chairperson of the Board.
Q Each of three seats on the Board must be filled with either an architect
landscape architect, realtor /real estate broker; engineer, general contractor or land
planner. The remaining two seats shall be at large. The appointing bodes
endeavor to appoint as many disciplines as possible to the Board.
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 S. That this ordinance shall become effective immediately upon its passage on
second and final reading, however, it shall not apply to the Board of Adjustment appointment that
is scheduled for the September 17, 2013 Commission agenda.
PASSED AND ADOPTED in regular session on secon Lfinal reading on this the
day of Se42kM b.X,► 2013.
ATTEST MAY
City Clerk
First Reading
Second Reading / 15
2 ORD. NO. 19 -13
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Louie Chapman, Jr., City Manager
DATE: September 12, 2013
Page 1 of 1
SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013
ORDINANCE NO. 19 -13
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider a city - initiated amendment to the
Land Development Regulations (LDR) Section 2.2.4, "Board of Adjustment ", Subsection B,
"Composition ", to modify the board member requirements for the Board of Adjustment.
BACKGROUND
At the first reading on September 3, 2013, the Commission passed Ordinance No. 19 -13.
This ordinance will not apply to the Board of Adjustment appointment scheduled for the September 17,
2013 Regular Meeting.
RECOMMENDATION
Recommend approval of Ordinance No. 19 -13 on second and final reading.
http:// itwebapp/ Agendalntranet /Bluesheet.aspx "ltemID= 7199 &MeetingID =461 9/24/2013
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Louie Chapman, Jr., City Manager
DATE: September 12, 2013
Page 1 of 1
SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013
ORDINANCE NO. 19 -13
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider a city - initiated amendment to the
Land Development Regulations (LDR) Section 2.2.4, "Board of Adjustment ", Subsection B,
"Composition ", to modify the board member requirements for the Board of Adjustment.
BACKGROUND
At the first reading on September 3, 2013, the Commission passed Ordinance No. 19 -13.
This ordinance will not apply to the Board of Adjustment appointment scheduled for the September 17,
2013 Regular Meeting.
RECOMMENDATION
Recommend approval of Ordinance No. 19 -13 on second and final reading.
http:// itwebapp/ Agendalntranet /Bluesheet.aspx "ltemID= 7199 &MeetingID =461 9/24/2013
MEETING DATE:
AGENDA NO:
PLANNING AND ZONING BOARD
STAFF REPORT
AUGUST 19, 2013
M".
AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 2.2.4,
"THE BOARD OF ADJUSTMENT ", SUBSECTION B, "COMPOSITION ",
TO MODIFY THE BOARD MEMBER REQUIREMENTS
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a City -
initiated amendment to the Land Development Regulations (LDRs) that will modify board member
requirements of the city's Board of Adjustment.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND/ ANALYSIS
The City Commission directed staff to review each city advisory board and offer comments on
whether adjustments should be considered. The Commission wanted an analysis to include the
possibility of eliminating boards, combining similar boards, or any other suggestions raised by staff.
A July 12 staff memorandum discussed the various city advisory boards along with a statement as
to whether the board was mandatory under state law, if the board continues to be
necessary/relevant, and whether some changes in board member requirements should be
considered.
The recommendations were forwarded to City Commission which supported the findings by
consensus at their July 16, 2013 Workshop Meeting. Among the recommendations included the
following highlights:
• Retention of state - mandated boards, such as the Civil Service Board, Code Enforcement
Board, Community Redevelopment Agency; Delray Beach Housing Authority, and the
Downtown Development Board.
• Retention of boards viewed to have extraordinary value, such as Kids and Cops, Education
Board, and the Police Advisory Board.
• Elimination of the Neighborhood Advisory Council and the Financial Review Board
(completed)
• Increasing the eligibility requirements for certain boards, such as the Board of Adjustment,
Green Implementation Advancement Board, and the Planning and Zoning Board.
This current amendment is specific to the composition of members on the Board of Adjustment.
Currently, the LDRs simply state that the board shall consist of five (5) regular members, along with
Planning and Zoning Board Meeting, August 19, 2013
LDR Amendment -Board of Adjustment Member Qualifications
two (2) alternate members, with no specific background requirements. The proposed amendment
requires that three (3) of the five (5) members are filled with one of the following:
Architect
Realtor /Real Estate Broker
Engineer
Landscape Architect
General Contractor
Land Planner
Recognizing that there are occasions when meeting these requirements may prove difficult given
the pool of applicants at any given time, the Commission added that the amendment include
language that states that the appointing body `shall endeavor' to appoint as many disciplines as
possible.
REQUIRED FINDINGS
Comprehensive Plan Conformance
LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan. While there are no specific goals, objectives or policies that would apply, it
is noted that the proposed amendment would not be inconsistent with the Comprehensive Plan.
REVIEW BY OTHERS
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
• Neighborhood Advisory Council
• Delray Citizen's Coalition
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
ASSESSMENT AND CONCLUSION
The ordinance follows the direction from the City Commission that an increased emphasis be
placed on the professional qualifications of members of the Board of Adjustment. The amended
language allows for some flexibility during periods when the pool of applicants may be limited.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Section 2.2.4 "The Board of Adjustment ", Subsection B,
"Composition ", To Modify The Board Member Requirements, by adopting the findings of
fact and law contained in the staff report, and finding that the text amendment and approval
thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR
Section 2.4.5(M)
B. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Section 2.2.4 "The Board of Adjustment ", Subsection B,
"Composition ", To Modify The Board Member Requirements, by adopting the findings of
2
Planning and Zoning Board Meeting, August 19, 2013
LDR Amendment -Board of Adjustment Member Qualifications
fact and law contained in the staff report, and finding that the text amendment and approval
thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in
LDR Section 2.4.5(M).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Development Regulations, Section 2.2.4 "The
Board of Adjustment ", Subsection B, "Composition ", To Modify The Board Member
Requirements, by adopting the findings of fact and law contained in the staff report, and finding
that the text amendment and approval thereof is consistent with the Comprehensive Plan and
meets the criteria set forth in LDR Section 2.4.5(M).
Attachment:
■ Proposed Ordinance
3
E6 PALMBEACHPOST.COM I REAL NEWS STARTS HERE THE PALM BEACH POST
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held on the
following proposed ordinances on
SEPTEMBER 17, 2013 at 7:00 p.m, or
at any continuation of such meeting .
which is set by the Comrission); in
the Commission Chambers, 1.00 N.W.
1st Avenue, Defray Beach, Florida at
which time the City Commfssion will
consider theif adoption. The proposed
ordinances may be inspected at the
Office of the City Clerk at City Half,
100 N.W. list Avenue, Delray Beach, .
Florida, between B:00 a.m. and 5:00
p.m.; Monday through Friday, except
holidays, Interested parties are invited
to attend and be heard with respect to
the proposed ordinances.
ORDINANCE NO. 19 -13
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS
OF. THE CODE OF ORDINANCES,
BY AMENDING SECTION 2.2.4,
"THE BOARD OF ADJUSTMENT ",
SUBSECTION B, "COMPOSITION ",
TO MODIFY THE BOARD, MEMBER
REQUIREMENTS FOR THE BOARD OF
ADJUSTMENT, PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 20-13 -
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF DELRAY
BEACH,' FLORIDA,' AMENDING THE
LAND DEVELOPMENT REGULATIONS
OF THE CODE OF ORDINANCES, BY
AMENDING SECTION 2.2.2, "THE
PLANNING AND ZONING BOARD ",
SUBSECTION C, '-COMPOSITION",
TO MODIFY THE BOARD MEMBER
REQUIREMENTS -FOR THE PLANNING
AND ZONING BOARD, PROVIDING
A SAVING CLAUSE, A GENERAL -
REPEALER (fLAUSE, AND AN EFFECTIVE
DATE.
ORDINANCE NO. 21 -13
AN ORDINANCE Of THE CITY
COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATICVNS
OF THE. CODE OF ORDINANCES,
BY AMENDING ART)CLE 8.1, "THE.
COMMUNITY REDEVELOPMENT
AGENCY, SECTION ,8.1.1,
"COMMUNITY REDEVELOPMENT
AGENCY ", SUBSECTION (B),
LQgal Notices
(561) 820-4343 1 FRIDAY, SEPTEMBER 6, [U13
"MEMBERS ", TO PROVIDE THAT THE
APPOINTMENTS FOR CHAIR AND VICE -
CHAIR SHALL OCCUR ON AN ANNUAL
BASIS; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE. -
ORDINANCE NO. 22-13
.'AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF DELRAY
BEACH; FLORIDA, AMENDING
CHAPTER 35; "EMPLOYEE POLICIES
AND BENEFITS ", SECTION 35:095,
"CONTRIBUTIONS OF PARTICIPANT
AND_ CITY ", SUBSECTION (A),
"PARTICIPANT'S CONTRIBUTION
ACCOUNT ", TO' CLARIFY' WHEN
CONTRIBUTIONS SHALL CEASE;
PROVfDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE,-AND AN
EFFECTIVE, DATE,
ORDINANCE NO. 23. -13'
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING
CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS ", SECTION, "35.105,
"ADMINISTRATION BY RETIREMENT
COMMITTEE' ", SUBSECTION
(C )-, "ACTION BY COMMITTEE "_,
SUBSECTION (G) "IACTUARY ’S
RESPONSIBILITIES) ", TO- ALLOW
YHE RETIREMENT COMMITTEE TO
CONTRACT DIRECTLY WITH THE
ACTUARY; PROVIDING SAVING
CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 25 -13
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA,
'AMENDING CHAPTER 51, "GARBAGE
AND TRASH", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION
51.70, "REGULAR CHARGES LEVIED",
TO PROVIDE FOR INCREASED
RESIDENTIAL AND COMMERCIAL
COLLECTION SERVICE RATE5 FOR
FY +2014; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE,
AN DAN EFFECTIVE DATE.
Please be advised that if a person
decides to appeal any decision made
by-the City Commission with respect to
any matter considered atthis hearing,
such person may need to ensure
that a verbatim record includes the
testimony and evidence upo_ n 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. Ni MMC
City Clerk
PUB; The Pafm Beach Post
9- 612013 #120301