Ord 21-13ORDINANCE NO. 21-13
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 ARTICLE 8. 1, "THE
COMMUNITY REDEVELOPMENT AGENCY, SECTION 8.1.1,
"COMMUNITY REDEVELOPMENT AGENCY ", SUBSECTION (B),
"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.
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 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 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, Chapter 8, "Special Implementation Programs, Article 8.1, "The
Community Redevelopment Agency ", Section 8.1.1, "Community Redevelopment Agency ",
subsection (B)(3), "Members ", 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 8.1.1 Community Redevelopment Aaeney:
(B) Members: The Commission shall, by ordinance, appoint a Board of
Commissioners of the Community Redevelopment Agency, which shall consist of seven
Commissioners. The terms of office of the Commissioners shall be for four years, except
that three of the members first appointed shall be designated to serve terms of one, two, and
three years, respectively, from the date of their appointments, and all other members shall
be designated to serve for terms of four years from the date of their appointments. A
vacancy occurring during a term shall be filled for the unexpired term.
(1) A Commissioner shall receive no compensation for his services, but is
entitled to the necessary expenses, including traveling expenses, incurred in the discharge
of his duties. Each Commissioner shall hold office until his successor has been appointed
and has qualified. A certificate of the appointment or reappointment of any Commissioner
shall be filed with the City Clerk, and such certificate is conclusive evidence of the due and
proper appointment of that Commissioner.
(22) The powers of the Agency shall be exercised by the Commissioners thereof.
A majority of the Commissioners shall constitute a quorum for the purpose of conducting
business and exercising the powers of the Agency and for all other purposes. Action may
be taken by the Agency upon a vote of a majority of the Commissioners present, unless in
any case the bylaws require a larger number. Any person may be appointed as a
Commissioner if he resides or is engaged in business, which means owning a business,
practicing a profession, or performing a service for compensation; or serving as an officer
or director of a corporation or other business entity so engaged, within the area of operation
of the Agency, which shall be coterminous with the area of operation of the City, and is
otherwise eligible for such appointment.
(3) The Commission shall designate a Chairperson and Vice - Chairperson from
among the Commissioners on an annual basis. The term Chairperson and Vice -
Chairperson shall begin on August I" and end on July 31St of each year. The Agency may
employ an executive director, technical experts, and such other agents and employees,
permanent and temporary, as it requires, and determine their qualification, duties, and
compensation. For such legal service as it requires, the Agency may employ or retain its
own counsel and legal staff. The Agency shall file with the Commission and with the State
Auditor General, on or before March 31 of each year, a report of its activities for the
preceding fiscal year, which report shall include a complete financial statement setting
forth its assets, liabilities, income, and operating expenses as of the end of such fiscal year.
At the time of filing the report, the Agency shall publish in a newspaper of general
circulation in the community a notice to the effect that such report has been filed with the
City and that the report is available for inspection during business hours in the office of
both the City Clerk and the office of the Agency.
(4) At any time, the Commission may appropriate to the Agency such amounts
as it deems necessary for the administrative expenses and overhead of the Agency.
ORD. NO. 21-13
(5) The Commission may remove a Commissioner for inefficiency, neglect of
duty, or misconduct in office only after a hearing and only if he has been given a copy of
the charges at least ten days prior to the hearing and has had an opportunity to be heard in
person or by counsel.
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.
PASSEIA AND ADOPTED in regular session on sec o i n reading on this the
day of , 2013.
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ORD. NO. 21-13
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
Page 1 of 1
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.D. - REGULAR COMMISSION MEETING OF SEPTEMBER 3, 2013
ORDINANCE NO. 21-13
ITEM BEFORE COMMISSION
Approval of a city- initiated amendment to the Land Development Regulations (LDRs) that will require
the Chair and Vice -Chair of the Community Redevelopment Agency to be appointed on an annual basis.
BACKGROUND
This amendment will require the positions of Chair and Vice -Chair to be appointed on an annual basis.
Specifically, the term would run from August 1 through July 31. The amendment will 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.
REVIEW BY OTHERS
The Planning and Zoning Board reviewed the item at their August 19, 2013 meeting and voted 7 to 0 to
recommend approval.
RECOMMENDATION
By motion, approve Ordinance No. 21 -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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Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Louie Chapman, Jr., City Manager
DATE: September 13, 2013
Page 1 of 1
SUBJECT: AGENDA ITEM 10.F. - REGULAR COMMISSION MEETING OF SEPTEMBER 17, 2013
ORDINANCE NO. 21-13
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider a city- initiated amendment to Land
Development Regulations (LDR), by amending Article 8. 1, "The Community Redevelopment Agency ",
Section 8.1.1, "Community Redevelopment Agency ", Subsection (B), "Members ", to provide that the
appointments for Chair and Vice -Chair shall occur on an annual basis.
BACKGROUND
At the first reading on September 3, 2013, the Commission passed Ordinance No. 21 -13.
RECOMMENDATION
Recommend approval of Ordinance No. 21 -13 on second and final reading.
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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