Res 54-14 i
RESOLUTION NO. 54-14
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING THAT THE CITY OF
DELRAY BEACH IS CONSIDERING AMENDMENTS TO THE
CITY'S LAND DEVELOPMENT REGULATIONS (LDR) FOR THE
CENTRAL BUSINESS DISTRICT AREAS; INVOKING THE ZONING
IN PROGRESS DOCTRINE WITH RESPECT TO THE LDR
AMENDMENTS; PROVIDING THAT, FROM THE DATE OF
ADOPTION 'OF THIS RESOLUTION AND DURING THE
PENDENCY OF THE CITY'S CONSIDERATION OF THE LDR
AMENDMENTS, THE CITY WILL DEFER THE PROCESSING AND
APPROVAL OF ALL APPLICATIONS FOR ANY DEVELOPMENT
OR USES INCONSISTENT WITH THE LDR AMENDMENTS; AND
PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the City of Delray Beach, Florida. ('City") has been actively engaged in the process of
undertaking a thorough review and extensive update of the existing Land Development Regulations (LDRs) for
the Central Business District (CBD) areas, and as a part of this review, in November 2013 the City and the
Delray Beach Community Redevelopment Agency entered into an agreement with the Treasure Coast Regional
Planning Council to review and update the City's LDRs for the CBD areas; and
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WHEREAS, among the purposes of the Delray Beach Comprehensive Plan is to seek to enhance the
City's compact and vibrant downtown business districts from the Atlantic Ocean to Interstate 95, while
retaining the distinctive character of each district;and
WHEREAS, the existing LDRs for the CBD areas need to be reorganized and substantially modified
to make these regulations understandable to the public, predictable to landowners, and easier for the City to
administer; and
WHEREAS, in accordance with these considerations, the City of Delray Beach Department of
Planning and Zoning ('Department") has proposed amendments to the City's LDRs for the CBD areas; and
WHEREAS, the Department has previously presented its proposed amendments to the City's LDRs
for the CBD areas conceptually to the City Commission,informally to stakeholder groups; and most recently to
the City of Delray Beach Planning and Zoning Board at a public meeting on October 6,2014;and
WHEREAS, as required by LDR Section 1.1.6 die Delray Beach Planning and Zoning Board on
October 6, 2014,voted to to recommend of the Department's proposed amendments to
the City's LDRs for the CBD areas;and
WHEREAS, all persons or entities that may want to build, develop or otherwise apply for any
approvals in the CBD areas are on notice that the City is considering the adoption of amended LDRs, that the
ainended LDRs should be considered zoning in progress, and that any expenditure of funds and development
efforts in reliance on the current LDRs by any party, until the final LDRs are adopted or determined not to be
adopted,is not reasonable and that any such actions by any party are at their own risk; and
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WHEREAS, the City Commission finds that the acceptance of any development applications,issuance
of any permits for development or any uses inconsistent with the proposed LDR amendments is detrimental to
the best interests of the citizens of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH,FLORIDA,AS FOLLOWS:
Section 1. Tliat the recitals above are true and correct and incorporated into the findings of this
Resolution as if set forth in frill herein.
Section 2. Zonin in Pro ress. That pursuant to the pending ordinance doctrine and Florida law,
the City Commission hereby acknowledges that the City of Delray Beach is preparing and considering the.
adoption of ordinance amendments to the LDRs for the CDB areas and that, if adopted, such LDR
amendments would substantially and materially amend the City's LDRs for the CBD areas.
Section 3. That the City process currently ongoing and in effect with regard to the creation,
development and consideration of amended LDRs for the CBD areas constitutes zoning in progress.
Section 4. That the acceptance and processing of applications for development, permits or any
other approvals or uses in the CBD areas that are inconsistent with the proposed amendments to the City's
LDRs for the CBD areas shall be deferred from consideration by da.e City beginning on the effective date of
this Resolution and ending as set forth in Section 5 below. Complete applications for development or uses in
the CBD areas that were submitted on or before the effective date of this Resolution, or that are otherwise
consistent with the proposed amendments, shall be processed notarially pursuant to the City's LDRs currently
in effect.
Section 5. That this zoning in progress shall remain in effect until new or amended LDRs for the
CBD areas are adopted by the City Co=T.Lission or until the passage of 180 days, whichever occurs first. This
policy may be extended by Resolution of the City Commission for additional periods of time in order to
complete the tasks outlined herein.
Section G. That this Resolution shall become effective immediately upon its passage.
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Res No. 54-15
PASSED AND ADOPTED by the City Commission of the City of Delray Beach t1-ti.s 7 day of
OctoUer,2014.
MAYOR
ATTEST:
�l,City C1eYli
L
Res No. 54-15
Coversheet Page 1 of 2
•
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Noel Pfeffer, City Attorney
DATE: October 2, 2014
SUBJECT: AGENDA ITEM 9.0.-REGULAR COMMISSION MEETING OF OCTOBER 7,2014
ADOPTION OF RESOLUTION NO. 54-14/ESTABLISHING ZONING IN PROGRESS AS OF
OCTOBER 7,2014 WITH RESPECT TO ADOPTION OF NEW LAND DEVELOPMENT
REGULATIONS FOR THE CENTRAL BUSINESS DISTRICT AREAS(ADDENDUM)
BACKGROUND
During the course of the past year, at the direction of the City Commission, the City has been actively
engaged in a process to undertake a thorough review and extensive update of the existing Land
Development Regulations (LDRs) for the Central Business District(CDB) areas. Among the reasons for
revising the LDRs is to clarify existing regulations, make them more understandable to landowners and
easier for the City to administer. This process formally commenced in November of 2013 when the City
and the Community Redevelopment Agency (CRA) engaged the Treasure Coast Regional Planning
Council (TCRPC) to prepare an update of the CBD area LDRs for City Commission review. Over the
past several months, the draft LDRs prepared by the TCRPC have been presented conceptually to the
City Commission and informally to several interested stakeholder groups. Most recently, on October 6,
2014, the draft LDRs were presented to the Planning and Zoning Board for review as required by LDR
Section 1.1.6. This section provides that no action may be taken with respect to any text amendment to
the LDRs unless first presented to the Planning and Zoning Board for recommendation. The current
timeline for adoption of the LDRs by the City Commission is scheduled for November, 2014.
In order to provide for an orderly transition from the existing LDRs to the new regulations, and because
of possible uncertainty in the timing and substance of the final LDRs, staff is suggesting the City
Commission consider the adoption of a resolution establishing zoning in progress. Florida law
recognizes the "pending ordinance" or "zoning in progress doctrine", which provides that a
development application submitted on or after the date when a local government declared its intent to
change its LDRs may be denied or deferred until after the enactment of the new LDRs. Such a
resolution would eliminate a "race of diligence" where developers submit applications in order to try to
obtain approvals or permits before a local government can complete its LDR amendment process.
Resolution No. 54-14 provides notice that the City of Delray Beach is considering amendments to the
LDRs for the CBD areas and invokes the zoning in progress doctrine effective as of the date of the
adoption of the Resolution. By invoking zoning in progress, this Resolution declares that City policy
shall be to defer all applications for development, permits or uses in the CBD areas that are inconsistent
with the proposed LDR amendments, effective upon adoption of Resolution No. 54-14.
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The zoning in progress will be in effect until the amended LDRs are adopted by the City Commission,
or until the passage of 180 days, whichever occurs first, though that timeframe may be extended by
subsequent City Commission Resolution.
LEGAL DEPARTMENT REVIEW
The City Attorney approves Resolution No. 54-14 as to form.
RECOMMENDATION
City Commission discretion.
http://itwebapp/Agendalntranet/Bluesheet.aspx?ItemID=8477&MeetingID=535 11/14/2014
RESOLUTION NO. 54-14
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, RECOGNIZING THAT THE CITY OF
DELRAY BEACH IS CONSIDERING AMENDMENTS TO THE
CITY'S LAND DEVELOPMENT REGULATIONS (LDR) FOR THE
CENTRAL BUSINESS DISTRICT AREAS; INVOKING THE ZONING
IN PROGRESS DOCTRINE WITH RESPECT TO THE LDR
AMENDMENTS; PROVIDING THAT, FROM THE DATE OF
ADOPTION OF THIS RESOLUTION AND DURING THE
PENDENCY OF THE CITY'S CONSIDERATION OF THE LDR
AMENDMENTS, THE CITY WILL DEFER THE PROCESSING AND
APPROVAL OF ALL APPLICATIONS FOR ANY DEVELOPMENT
OR USES INCONSISTENT WITH THE LDR AMENDMENTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Delray Beach, Florida ("City") has been actively engaged in the process of
undertaking a thorough review and extensive update of the existing Land Development Regulations (LDRs) for
the Central Business District (CBD) areas, and as a part of this review, in November 2013 the City and the
Delray Beach Community Redevelopment Agency entered into an agreement with the Treasure Coast Regional
Planning Council to review and update the City's LDRs for the CBD areas; and
WHEREAS, among the purposes of the Delray Beach Comprehensive Plan is to seek to enhance the
City's compact and vibrant downtown business districts from the Atlantic Ocean to Interstate 95, while
retaining the distinctive character of each district; and
WHEREAS, the existing LDRs for the CBD areas need to be reorganized and substantially modified to
make these regulations understandable to the public, predictable to landowners, and easier for the City to
administer;and
WHEREAS, in accordance with these considerations, the City of Delray Beach Department of
Planning and Zoning ("Department") has proposed amendments to the City's LDRs for the CBD areas; and
WHEREAS, the Department has previously presented its proposed amendments to the City's LDRs
for the CBD areas conceptually to the City Commission, informally to stakeholder groups, and most recently to
the City of Delray Beach Planning and Zoning Board at a public meeting on October 6, 2014; and
WHEREAS, as required by LDR Section 1.1.6 the Delray Beach Planning and Zoning Board on
October 6, 2014, voted to to recommend of the Department's proposed amendments to
the City's LDRs for the CBD areas; and
WHEREAS, all persons or entities that may want to build, develop or otherwise apply for any
approvals in the CBD areas are on notice that the City is considering the adoption of amended LDRs, that the
amended LDRs should be considered zoning in progress, and that any expenditure of funds and development
efforts in reliance on the current LDRs by any party, until the final LDRs are adopted or determined not to be
adopted, is not reasonable and that any such actions by any party are at their own risk;and
WHEREAS, the City Commission finds that the acceptance of any development applications, issuance
of any permits for development or any uses inconsistent with the proposed LDR amendments is detrimental to
the best interests of the citizens of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitals above are true and correct and incorporated into the findings of this
Resolution as if set forth in full herein.
Section 2. Zoning in Progress. That pursuant to the pending ordinance doctrine and Florida law,
the City Commission hereby acknowledges that the City of Delray Beach is preparing and considering the
adoption of ordinance amendments to the LDRs for the CDB areas and that, if adopted, such LDR
amendments would substantially and materially amend the City's LDRs for the CBD areas.
Section 3. That the City process currently ongoing and in effect with regard to the creation,
development and consideration of amended LDRs for the CBD areas constitutes zoning in progress.
Section 4. That the acceptance and processing of applications for development, permits or any
other approvals or uses in the CBD areas that are inconsistent with the proposed amendments to the City's
LDRs for the CBD areas shall be deferred from consideration by the City beginning on the effective date of
this Resolution and ending as set forth in Section 5 below. Complete applications for development or uses in
the CBD areas that were submitted on or before the effective date of this Resolution, or that are otherwise
consistent with the proposed amendments, shall be processed normally pursuant to the City's LDRs currently
in effect.
Section 5. That this zoning in progress shall remain in effect until new or amended LDRs for the
CBD areas are adopted by the City Commission or until the passage of 180 days, whichever occurs first. This
policy may be extended by Resolution of the City Commission for additional periods of time in order to
complete the tasks outlined herein.
Section 6. That this Resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED by the City Commission of the City of Delray Beach this day of
2014.
MAYOR
ATTEST:
City Clerk
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Res No. 54-15