Ord 20-13ORDINANCE 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 REQE REMENTS FOR THE
PLANNING AND ZONING BOARD, PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to LDR Section 1
proposed text amendment at a public hearing
recommend that the changes be approved; and
1.6, the Planning and Zoning Board reviewed the
held on August 19, 2013 and voted 4 to 3 to
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 2.2.2, "The Planning and Zoning Board ", Subsection (C),
"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 2.2.2. The Planning and Zoning Board
(C) Composition.
W The Planning and Zoning Board shall consist of seven (7) members.
2 Each of four seats on the Board must be filled with either an architect
landscape architect, realtorlreal estate broker, engineer, developer, enteral
contractor, land planner or land use attorney. The remaining three seats shall be at
large. The Lippointing body shall 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same are hereby repealed.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 5. That this ordinance shall become effective immediately upon its passage on
second and final reading, however, it shall not apply to the Planning and Zoning Board
appointment that is scheduled for the September 17, 2013 Commission agenda.
PASSE AND ADOPTED in regular session on second a d final reading on this the
day of E Df 6-n) %,N , 2013.
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First Reading 11 1
Second Reading r!
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ORD. NO. 20-13
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Louie Chapman, Jr., City Manager
DATE: September 4, 2013
Page 1 of 1
SUBJECT: AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013
ORDINANCE NO. 20-13
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider a city- initiated amendment to the
Land Development Regulations (LDR), by amending Section 2.2.2, "The Planning and Zoning Board ",
Subsection C, "Composition ", to modify the Board member requirements.
BACKGROUND
At the first reading on September 3, 2013, the Commission passed Ordinance No. 20 -13 providing that
four (4) of the seven (7) board members have specifc background requirements.
This ordinance will not apply to the Planning and Zoning Board appointments scheduled for
the September 17, 2013 Regular Meeting.
RECOMMENDATION
Recommend approval of Ordinance No. 20 -13 on second and final reading.
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Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
Page 1 of 2
FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING
PAUL DORLING, AICP, LEED (GA), DIRECTOR PLANNING AND ZONING
THROUGH: LOUIE CHAPMAN, JR., CITY MANAGER
DATE: August 26, 2013
SUBJECT: AGENDA ITEM 11.C. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013
ORDINANCE NO. 20-13
ITEM BEFORE COMMISSION
Approval of a city- initiated amendment to the Land Development Regulations (LDRs) that will modify
board member requirements of the City's Planning and Zoning Board.
BACKGROUND
This amendment outlines the specific composition of members on the Planning and Zoning Board.
Currently, the LDRs simply state that the board shall consist of seven (7) members with no specific
background requirements. The proposed amendment requires that five (5) of the seven (7) members are
filled with one of the following:
Architect
Engineer
Landscape Architect
Land Planner
REVIEW BY OTHERS
Realtor /Real Estate Broker
Developer
General Contractor
Land use Attorney
The Planning and Zoning Board reviewed the item at their August 19, 2013 meeting and voted 4 to 3
(Spodak, Lynch, and Shutt dissenting) to recommend approval of a modified version of the ordinance
that would limit the two (2) at large positions to lay persons that are not filled with any of the above
professional categories. Should the Commission support the Planning and Zoning Board's
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Coversheet
Page 2 of 2
modification, the following language (boldface italics) will need to be added to the attached ordinance:
...[t]he remaining two seats shall be at large and shall not be filled with one of the listed professionals
above.
RECOMMENDATION
By motion, approve Ordinance No. 20 -13 on first reading for a city- initiated amendment to the Land
Development Regulations, by adopting the findings of fact and law contained in the staff report and
finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Development Regulations.
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PLANNING AND ZONING BOARD
STAFF REPORT
MEETING DATE: AUGUST 19, 2013
AGENDA NO: V. D.
AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 8.1.1,
"THE COMMUNITY REDEVELOPMENT AGENCY ", SUBSECTION B,
"MEMBERS ", TO PROVIDE THAT THE APPOINTMENTS FOR CHAIR
AND VICE -CHAIR SHALL OCCUR ON AN ANNUAL BASIS.
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 require the chair and
vice -chair of the city Community Redevelopment Agency to be appointed on an annual basis.
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
At their August 6, 2013 regular meeting, the City Commission discussed the appointment of a new
member to the city Community Redevelopment Agency. During their discussion, they noted that
there are currently no term limits for CRA board members, and the consensus was to amend the
Land Development Regulations to require the positions of Chair and Vice -Chair be appointed on
an annual basis. Specifically, the term would run from August 1 through July 31. The Commission
clarified that the amendment would not prohibit the ability for the Chair and Vice -Chair to continue
serving, they would just need to be re- appointed on an annual basis.
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 /or civic associations
■ Delray Citizen's Coalition
Planning and Zoning Board Meeting, August 19, 2013
LDR Amendment -CRA Annual Appointments (Chair and Vice - Chair)
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 the positions of Chair and Vice -
Chair of the Community Redevelopment Agency require appointment on an annual basis.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Section 8.1.1 "The Community Redevelopment Agency ",
Subsection B, "Members ", To Provide That The Appointments for Chair And Vice -Chair
Shall Occur On An Annual Basis, 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).
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Section 8.1.1 "The Community Redevelopment Agency ",
Subsection B, "Members ", To Provide That The Appointments for Chair And Vice -Chair
Shall Occur On An Annual Basis, by adopting the findings of 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 8.1.1 "The
Community Redevelopment Agency ", Subsection B, "Members ", To Provide That The
Appointments for Chair And Vice -Chair Shall Occur On An Annual Basis, 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
2
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