Res 03-15 RESOLUTION NO. 03-15
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 FOR THE
CENTRAL BUSINESS DISTRICT ARE-AS; EXTENDING THE
ZONING IN PROGRESS PERIOD PREVIOUSLY ESTABLISHED BY
THE CITY COMMISSION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on October 7, 2014 the Delray Beach Cit,= Commission ("City Comtnission") apptoved
by majority vote Resolution No. 54-14, recognizing that the City of Delray Beach. ("City") is considering
amendments to the City's Land Development Regulations (LDRs) for the Central Business District ("CBD");
and
WHEREAS, Resolution 54-14 invoked the zoning in progress doctrine with respect to the LDR
amendments and provided that, from the date adoption of the resolution and during the pendency of the City's
consideration of the LDR amendments, the City will defer processing and approval of all applications for any
development or uses inconsistent with the LDR amendments; and
WHEREAS, the zoning in progress period established by Resolution No. 54-14 is 120 days, which
expires on February 4, 2015; and
WHEREAS, Resolution No. 54-14 provides that the zoning in progress period may be extended by
further resolution of the City Commission; and
WHEREAS, the City Commission desires to extend the zoning in progress period in order to give the
City sufficient tune to finalize and consider the adoption of ordinance amendments to the LDRs.
NOW, THEREFORE, BE I"f 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 ftdl hetein.
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Section 2. That the City process currently ongoing and in effect with regard to d-le creation,
development, and consideration of amended LDRs for the CBD areas constitutes zoning in progress.
Section 3. Extension of Zoning in Progress Period. That the zoning in progress period
. 54-14 is extended for period of 90 days from its original
established by City Commission Resolution No p y g
expiration date. The zoning in progress period will now expire on May 5, 2015.
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 amendinents to the City's
LDRs for tize CBD areas shall continue to be deferred ftoin consideration by the City until the expiration of
the zoning in progress period as set forth in Section 5 below. Complete applications for development or uses
in the CBD areas drat were submitted on or before the effective date of Resolution No. 54-4, or that are
otherwise consistent tvitlx the proposed amendments, shall be processed normally pursuant to the City's LDRs
currently in effect.
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Section 5. That this zoning in progress shall remain in effect until new or amended LDRs for the
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CBD areas are adopted by the Cit�r Commission or until the passage of 90 days, whichever occurs first. This
policy may be extended by Resolution of the City Commission fot additional periods of time in order to
complete the tasks outlined herein.
Section 6. That this Resolution shall become effective iintnediately upon its passage.
PASSED AND ADOPTED by the CitT Commission of the City of Delray Beach this 6°i day of
January , 2015.
f�
TMAYOR
ATTEST:
City Clerk
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Res Igo. 03-1
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4/3/2015 Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Noel Pfeffer, City Attorney
DATE: December 22, 2014
SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF JANUARY 6, 2015
RESOLUTION NO. 03-15; EXTENDING THE ZONING IN PROGRESS PERIOD FOR THE
CENTRAL BUSINESS DISTRICT AREAS
BACKGROUND
This Resolution extends the "zoning in progress" period previously established by the City
Commission for the Central Business District ("CBD").
On October 7, 2014, the City Commission approved Resolution No. 54-14, instituting zoning in
progress with relation to the contemplated amendments to the City's Land Development
Regulations ("LDRs") for the CBD areas. According to that resolution, the City would defer 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 LDRs.
Complete applications for development or uses in the CBD areas that were submitted prior to
the resolution's effective date, or that are otherwise consistent with the proposed
amendments, would be processed normally pursuant to the City's LDRs currently in effect.
The zoning in progress period established by Resolution No. 54-14 is 120 days; however, the
resolution provided that the period could be extended by further City Commission resolution.
Because it was approved on October 7, 2014, the initial zoning in progress period expires on
February 4, 2015.
This Resolution extends the zoning in progress period for an additional 90 days from the initial
expiration date. Accordingly, zoning in progress would be in effect until May 5, 2015, or the
date the amended LDRs for the CBD are adopted by the City Commission, whichever occurs
first. This Resolution contains an extension provision similar to that in Resolution No. 54-14,
whereby the City Commission could further extend the zoning in progress period by City
Commission resolution.
RECOMMENDATION
City Commission discretion.
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