19-86 ORDINANCE NO. 19-86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO SECTION
380.06 OF THE FLORIDA STATUTES, AMENDING
CHAPTER 30, "ZONING', OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY ADDING
A NEW SECTION 30-23.5 'BINDING LETTERS; PRO-
CEDURE REGARDING DEVELOPMENTS OF REGIONAL
IMPACT', TO REQUIRE THAT IN CERTAIN INSTANCES
DEVELOPERS SUBMIT REQUESTS FOR BINDING LETTERS
OF INTERPRETATION TO THE DEPARTMENT OF COMMUNI-
TY AFFAIRS AND AS TO PROJECTS THAT ARE DETER-
MINED TO BE DEVELOPMENTS OF REGIONAL IMPACT TO
PROHIBIT ANY FINAL ACTION BY THE CITY OF DELRAY
BEACH RELATING TO COMPREHENSIVE PLAN AMEND-
MENTS, REZONINGS, OR THE ISSUANCE OF OTHER LAND
DEVELOPMENT PERMITS IN REGARD TO SUCH PROJECT
UNTIL THE CITY OF DELRAY BEACH IS PREPARED TO
CONCURRENTLY TAKE FINAL ACTION ON THE DEVELOP-
MENT ORDER PERTAINING TO THE PROJECT; PROVIDING
A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WREREAS, Section 380.06 of the Florida Statutes define devel-
opments of regional impact, and
WREREAS, developments of regional impact are required to go
through a special permitting procedure pursuant to the requirements
of Section 380.06 of the Florida Statutes, and
WHEREAS, Section 380.06 of the Florida Statutes also incorpo-
rates a procedure whereby a determination can be made as to whether
or not a project is a development of regional impact, and
WHEREAS, Section 380.06 of the Flcrida Statutes authorizes
local governments to require developers to submit an application
for a binding letter of interpretation tc the Department of Commu-
nity Affairs to seek a determination as to whether or not a project
is a development or regional impact, and
WHEREAS, the City of Delray Beach, Florida, desires to imple-
ment the provision of Chapter 380 of the Florida Statutes by
adopting the model ordinance generally, proposed by the Treasure
Coast Regional Planning Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~. That Chapter 30, 'Zoning', of the Code of
Ordinances of the City of Delray Beach, Florida, be, and the same
is hereby, amended by adding a new Section 30-23.5, "Binding
letters; procedure regarding developments of regional impact", to
read as follows:
Sec. 30-23.5. Binding letters; procedure regarding developments of
regional impact.
(A) APPLICABILITY
A developer shall be required to submit and receive a deter-
mination from the Department of Community Affairs as to whether or
not such development is a development of regional impact as defined
in Section 380.06 of the Florida Statutes under the following
circumstances:
1. If the development is at a presumptive numerical
threshold or up to 20% above a numerical threshold in the
guidelines and standards in Chapter 380 of the Florida Statutes or
administrative rules promulgated thereunder; or
2. The development is between a presumptive numerical
threshold and 20% below the numerical threshold, and the City of
Delray Beach is in doubt as to whether the character of the devel-
opment at the proposed location creates a likelihood that the
development will have a substantial effect on the health, safety,
or welfare of the citizens of more than one county.
In the event that a development is between a presumptive
numerical threshold and 20% below the numerical threshold, the
developer shall submit a request in writing to the City of Delray
Beach Planning Department for a determination as to whether or not
the City of Delray Beach will require that an application for a
binding letter of interpretation will be required to be submitted,
in regard to such development. The Planning Director shall make
such determination within fourteen (14) days and notify the
developer in writing.
In all instances when a developer does submit an applica-
tion for a binding letter of interpretation, the developer shall
simultaneously therewith submit a notice to the City of Delray
Beach Planning Department of the submittal of such application to
the Department of Community Affairs.
(B) PROCEDURES
As to any development which is required by the provisions of
Subsection (A) to submit for a binding letter of interpretation or
for which the developer for any other reason has submitted for a
binding letter of interpretation, the application to the City of
Delray Beach for any of the following: comprehensive plan
amendment, rezoning, planned unit develcpment approval, site plan
approval, conditional use approval, special exception or for any
other development permit as defined in Section 380.031 of the
Florida Statutes; shall be accompanied by a certified copy of the
final determination by the Department of Community Affairs or any
court judgment which constitutes a final judgment entered as a
result of an appeal from a final order of the Department of Commu-
nity Affairs making a determination on the development of regional
impact status of the project~ The City of Delray Beach shall not
receive or process any application for development permits for any
project or portion thereof, for which a binding letter of interpre-
tation is required or is actually sought by the developer, until a
final binding determination has been made as to the development of
regional impact status of the project.
1. Any application for a development permit to the City of
Delray Beach for a project as to which a final binding determina-
tion has been made in part or in whole based upon various commit-
ments or limitations as to development made in the applicant's
request for a binding letter, agreed to be the applicant, or other-
wise imposed by the Department of Community Affairs to restrict the
development in a way that it shall not constitute a development of
regional impact, such commitments, limitations or conditions shall
be included as conditions and are hereby incorporated as conditions
into all development permits issued by the City of Delray Beach, as
if such conditions were fully set out in each development permit.
2 ORD. NO. 19-86
(C) DRI REVIEW.
If a project has been determined to be a development of
regional impact or if the developer has waived the right to request
a binding letter of interpretation or otherwise agreed to the
development of regional impact status of a project, then as to such
project any application to the City of Delray Beach as to the first
development permit sought from the City of Delray Beach for such
development, shall be accompanied by and there shall be filed
simultaneously with it, an application for development approval
seeking development of regional impact review and approval as
required in Section 380.06 of the Florida Statutes. No final
action will be taken by the City of Delray Beach on any City of
Delray Beach development permit applications as to a project for
which development of regional impact approval is being sought,
until the City of Delray Beach is in a position to concurrently act
upon the application for development approval.
(D) MODIFICATIONS OF DEVELOPMENTS FOUND NOT TO BE DRI'S.
In the event of a proposed modification to a development for
which a binding letter of interpretation has been received by the
City of Delray Beach indicating that the development was not a
development of regional impact the following shall apply:
1. In the event that the modification increases the size or
scope of the development so that when the proposed modification is
aggregated with the prior approved development that was determined
not to be a development of regional impact, that the aggregated
development is at a presumptive numerical threshold or up to 20%
above a numerical threshold in the guidelines and standards of
Chapter 380 of the Florida Statutes or administrative rules promul-
gated thereunder, then the developer shall be required to submit an
application for a binding letter of interpretation.
2. In the event that the modification increases the size or
scope of the development so that when the proposed modification is
aggregated with the prior approved development that was previously
determined not to be a development of regional impact, that the
aggregated development is at a presumptive numerical threshold or
20% below the numerical threshold then the provisions of subsection
(A)(2) shall apply.
3. The provisions of subsection (B) and (C) shall also apply
in the event of a modification to a development which falls within
the parameters of A and B above.
~. That all ordinances or parts of ordinances
which are in conflict herewith are hereby repealed.
~p~. 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.
~. That this ordinance shall become effective
immediately upon its passage on second and final reading
3 ORD. NO. 19-86
PASSED AND ADOPTED in regular session on this the
25th day of March ~~~ ~
MAY~R
ATTEST
Cit~lerk
First Reading March 11, 1986
Second Reading. March 25, 1986
4 ORD. NO. 19-86