09-97 ORDINANCE NO. 9-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(E),
"TRAFFIC STATEMENTS AND STUDIES", SECTION 2.4.6(K),
"ACCEPTANCE OF TRAFFIC STATEMENTS AND STUDIES", AND
SECTION 2.4.2 (C), "NOTICE TO EXTERNAL AGENCIES AND
CITIZEN GROUPS", SUBSECTION 2.4.2 (C) (2) (d), "PALM
BEACH COUNTY TRAFFIC DIVISION", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
TO BE CONSISTENT WITH THE REQUIREMENTS OF THE
ADOPTED PALM BEACH COUNTY TRAFFIC PERFORMANCE
STANDARDS ORDINANCE RELATING TO TRAFFIC STATEMENTS
AND STUDIES; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of January 27,
1997, and has forwarded the change with a recommendation of approval;
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
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter Two, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.3, "Submission
Requirements" Subsection 2.4 3(E) "Traffic Statements and Studies"
of the Land Development Regulations of the City of Delray Beach,
Florida, be, and the same is hereby amended to read as follows:
(E) Traffic Statements and Studies: Whenever a land use
application which will add use area or establish a new use which will
increase traffic at the site by ~ 201 or more trips per day (net
ADT) is submitted, it shall be accompanied by a traffic study which
meets the requirements of the Palm Beach County Traffic Performance
Standards Ordinance.
(1) Threshold Exemptions: ~~~/f~/~/~
Developments which qenerate 201 or more APT and are located within thm
City's TCEA (Traffic Concurrency Exception Area) are exempt from
havinq to provide a traffic study.
(2) Traffic Statement Exemptions: Ail other land use
applications which qenerate 200 or less ADT or are located in the
City's TCEA (Traffic Concurrency Exception Area) shall be accompanied
by a traffic statement which establishes the anticipated net ADT and
includes the followinq:///~/~f~/~~/~/~/~/~/~/~
(a) Type of use and intensity
(b) Categorization by the ITE Manual and formula
used for establishing gross ADT
(c) Capture factors which are applied and
attendant calculations
(d) Calculation of net ADT
(e) Location of project
(f) Current (latest) ADT volumes for the street
upon which the use takes access(es) .
Section 2. That Chapter Two, "Administrative Provisions",
Article 2 4 "General Procedures" Section 2 4 6 "Procedures for
Obtaining Permits and Approvals", Subsection 2.4.6(K), "Acceptance of
Traffic Statements and Studies", of the Land Development Regulations
of the City of Delray Beach, Florida, be, and the same is hereby
amended to read as follows:
(K) Acceptance of Traffic Statements and Studies: Whenever
a land use application will add use area or establish a new use which
will increase traffic at the site by ~ 201 or more trips per day
(net ADT) is submitted, it shall be accompanied by a traffic study.
Exemptions from the need to provide a traffic study and the contents
of a traffic statement are found in Section 2.4.3(E).
- 2 - Ord. No. 9-97
(1) Rule: Whenever a traffic statement is required,
it must be formally accepted by the City Engineer. Whenever a traffic
study is required, it must be formally accepted by the City Engineer
and forwarded to the County Traffic Division for review.
(2) Required Information:
(a) A traffic statement prepared pursuant to
2.4.3(E)/; or
(b) A traffic study prepared pursuant to the Palm
Beach County Traffic Performance Standards
Ordinance.
(3) Procedures:
(a) Statement: A traffic statement shall be
submitted as a part of the development
application when the development qenerates
200 or less ADT (averaqe daily trips). ~
~~/ A traffic statement may be
provided separately to the City Engineer-
prior to submission of a full development
application.
Study: A traffic study, when needed, shall
be submitted as a part of the development
application. Within ten days of its receipt,
it shall be either rejected or accepted by
the City Engineer. If rejected, processing
of the development application may cease
until an acceptable study is received.
If accepted, the City Engineer shall forward
the traffic study along with his comments and
recommendations to the County Traffic
Division for further review, comment and
possible appeal pursuant to the Palm Beach
County Traffic Performance Standards
Ordinance.
- 3 - Ord. No. 9-97
(4) Conditions: Conditions are not appropriate with
respect to acceptance of a traffic study; however, conditions of
approval of the development application may be established based upon
the results of the traffic study. The conclusions of the traffic
study, as prepared by the applicant's consultant, may be modified by
the City Engineer and/or the County Traffic Division.
Section 3. That Chapter Two, Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.2, "Notice
Requirements", Subsection 2.4.2(C), "Notice to External Agencies and
Citizen Groups", subparagraph 2.4.2(C) (2) (d), "Palm Beach County
Traffic Division", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(2) Other Entities: Other governmental and regulatory
bodies shall be noticed as follows:
(d) Palm Beach County Traffic Division: Whenever a
site plan involves property adjacent to a
thoroughfare maintained by Palm Beach County, its
Traffic Division shall be notified upon receipt of
the development application and its approval of
any improvements or connections to the
thoroughfare shall be required prior to approval
of a final plat or final engineering plans when a
plat is not required.
In addition, whenever a proposed project will
generate average daily traffic in excess of
200 trips, the required traffic study shall be
forwarded to the County Engineer for review and
comment prior to any consideration, by the
approving body, of the associated development
application.
Section 4. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 5. 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.
- 4 - Ord. No. 9-97
Section 6. That this ordinance shall become effective
immediately upon passage on second and final reading.
PASSED AND ~OPTED in regular session on second and final
reading on this the 18th day of February , 1997.
A/OR
ATTEST:
Jcity- C~rk -
First Reading February 4, 1997
Second Reading February 18, 1997
11 - 5 - Ord. No. 9-97
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITYMANAGER~'I
SUBJECT: AGENDA ITEM # /~ ~ - REGULAR MEETING OF FEBRUARY 18, 1997
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 9-97
(LDR AMENDMENT RELATING TO TRAFFIC STATEMENTS AND
STUDIES)
DATE: FEBRUARY 13, 1997
This is second reading and public hearing for Ordinance No. 9-97
which amends three sections of the Land Development Regulations as
they pertain to our regulations concerning traffic statements and
traffic studies. Essentially, this is a housekeeping ordinance to
revise the LDRs to be consistent with the requirements of the
adopted Palm Beach County Traffic Performance Standards Ordinance.
The Planning and Zoning Board considered the amendments at a
public hearing on January 27, 1997, and voted unanimously to
recommend approval. At first reading on February 4, 1997, the
Commission passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 9-97 on second and final
reading.
ref:agmemo3
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/[
SUBJECT: AGENDA ITEM #/~- REGULAR MEETING OF FEBRUARY 4, 1997
FIRST READING FOR ORDINANCE NO. 9-97 (LDR AMENDMENT
RELATING TO TRAFFIC STATEMENTS AND STUDIES)
DATE: JANUARY 30, 1997
This is first reading for Ordinance No. 9-97 which amends three
sections of the Land Development Regulations as they pertain to
our regulations concerning traffic statements and traffic studies.
Essentially, this is a housekeeping ordinance to revise the LDRs
to be consistent with the requirements of the adopted Palm Beach
County Traffic Performance Standards Ordinance.
The Planning and Zoning Board considered the amendments at a
public hearing on January 27, 1997, and voted unanimously to
recommend approval.
Recommend approval of Ordinance No. 9-97 on first reading. If
passed, a public hearing will be scheduled for February 18, 1997.
ref:agmemo3
TO: DAVID T. HARDEN
FROM: PAUL DORLING?I~RINCIPAL PLANNER
SUBJECT: AMENDMENTS TO LDR SECTIONS 2.4.3(E), 2.4.6(K) AND
2.4.2(C)(2)(d) RELATING TO TRAFFIC STATEMENTS AND STUDIES.
The action requested of the City Commission is approval of LDR amendments to
Section 2.4.3(E), Section 2.4.6(K) and Section 2.4.2(C)(2)(d) of the Land Development
Regulations (LDRs) relating to Traffic Statements and Studies.
The City's LDRs currently outline under what conditions a traffic statement or traffic
study is required when processing a site development application. These regulations
were created and adopted in 1989 while the County's Traffic Performance Ordinance
was under final consideration. With final adoption of the County's Traffic Performance
Ordinance certain thresholds, exemptions and procedures outlined in the LDRs were
not adopted. The proposed changes revise the LDRs to be consistent with the
requirements of the adopted Palm Beach County Traffic Performance Ordinance.
The proposed amendment to LDR Section 2.4.3(E) changes the threshold for which a
traffic study is required from 500 daily trips to 201 daily trips. Development proposals
under 200 ADT (average daily trips) and those located within the City's TCEA (Traffic
Concurrency Exception Area) are required to submit a traffic statement only. A traffic
statement is simply an indication of trips that the project will generate, as opposed to a
traffic study which analyzes the distribution of the trips and the impact on adjacent
roadways and intersections.
City Commission Documentation
Amendments to LDR Sections 2.4.3(E), 2.4.6(K), & 2.4.2(C)(2)(d) Relating to Traffic Statements & Studies
Page 2
The amendment also removes exemptions for traffic studies or statements for
developments of certain levels of intensity. These exemptions were not incorporated in
the final adopted Traffic Performance Ordinance. Under LDR Section 2.4.6(K) the
threshold at which a traffic study is required is also being revised from 500 to 201 ADT.
Further, the submittal requirements were streamlined to require submittal of a traffic
statement or traffic study rather then submittal of both as currently required.
Amendments to Section 2.4.2(C)(2)(d) revise the threshold at which a traffic study is to
be forwarded to the county from in excess of 500 to 200 average daily trips.
The Planning and Zoning Board considered the amendments at a public hearing on
January 27, 1997. No one from the public spoke in favor or opposition to the
amendments. The Board recommended approval of the amendments on a unanimous
7-0 vote.
By motion, approval of the attached amendments to Section 2.4.3(E) Traffic
Statements and Studies, Section 2.4.6(K) Acceptance of Traffic Statements and
Studies and Section 2.4.2(C)(2)(d) Notice to External Agencies and Citizen Groups.
Attachments:
· LDR amendment Section 2.4.3(E)
· LDR amendment Section 2.4.6(K)
° LDR amendment Section 2.4.2(C)(2)(d)
Section 2.4.3 (E)
(E) Traffic Statements and Studies: Whenever a land use application,
which will add use area or establish a new use which will increase traffic at the site by
500 201 or more trips per day (net ADT) is submitted, it shall be accompanied by a
traffic study which meets the requirements of the Palm Beach County Traffic
Performance Standards Ordinance.
exceed ~ ~,~,~,.m,-,~ I~,.~1 ~; ;.+~n~;+,, o~- ~+ol~l;~h~l ~, ~h~ O;+t~ ~;~ ....... ~+
,.~.., ,, ,,.~ ~ ~,~. ~ ~ u--,.,v ~ .~.,,~.,. ~. -- ~.--...~ ~..~]. ~,, ,,,~ ,,.,~. ,., ~ ~
e+o.a~.ax Dovolopments which ~onerato 20~ or more ADT and aro Iocatod within tho
City's TCEA (Traffic Goncurrency Exception Area) are exempt from havin~ tO
provido a traffic study.
(2) Traffic Statement s Exemf~as: All other land use applications
which generate 200 or less ADT or are located in the City's TCEA (Traffic Concurrency
Exception Area) shall be accompanied by a traffic statement which establishes the
anticipated net ADT and includes the following:
I~n~;nz~r -~n~l ~h~ll ;nnh ,~lz~ +hz~ ;nlln~,;nn.
(a) Type of use and intensity
(b) Categorization by the ITE Manual and formula used for
establishing gross ADT
(c) Capture factors which are applied and attendant calculations
(d) Calculation of Net ADT
(e) Location of project
(f) Current (latest) ADT volumes for the street upon which the
use takes access(es).
Section 2.4.6 (K)
(K) Acceptance of Traffic Statements and Studies: Whenever a land use
application will add use area or establish a new use which will increase traffic at the site
by 500 201 or more trips per day (net ADT) is submitted, it shall be accompanied by a
traffic study. Exemptions from the need to provide a traffic study and the contents of a
traffic statement are found in Section 2.4.3(E).
(1) Rule: Whenever a traffic statement is required, it must be formally
accepted by the City Engineer. Whenever a traffic study is required, it must be formally
accepted by the City Engineer and forwarded to the County Traffic Division for review.
(2) Required Information:
(a) A traffic statement prepared pursuant to 2.4.3(E) or ~-:
(b) A traffic study prepared pursuant to the Palm Beach County Traffic
Performance Standards Ordinance.
(3) Procedures:
(a) Statement: A traffic statement shall be submitted as a part of the
development application when the development generates 200 or less
ADT (averaae daily triDs~. ,, oh.,,, ~,., .~,,~ ..... ,~ ~,, +~,,. r,~+,, =.~;
~ ~] ~,v~,~ ~,,~ ~vv~.
may be provided separately to the Ci~ Engineer prior to submission of
a full Oevelopment application.
(b) Study: A traffic study, when needed, shall be submitted as a part of
the development application. Within ten days of its receipt, it shall be
either rejected or accepted by the City Engineer. If rejected,
processing of the development application may cease until an
acceptable study is received.
If accepted, the City Engineer shall forward the traffic study along with
his comments and recommendations to the County Traffic Division for
further review, comment, and possible appeal pursuant to the Palm
Beach County Traffic Performance Standards Ordinance.
(4) Conditions: Conditions are not appropriate with respect to acceptance of
a traffic study; however, conditions of approval of the development application may be
established based upon the results of the traffic study. The conclusions of the traffic
study, as prepared by the applicant's consultant, may be modified by the City Engineer
and/or the County Traffic Division.
Section 2.4.2 (C) (2)
(2) Other Entities: Other governmental and regulatory bodies shall be
noticed as follows:
(change the following subsection as follows)
(d) Palm Beach County_ TraffiC Division: Whenever a site
plan involves property adjacent to a thoroughfare maintained
by Palm Beach County, its Traffic Division shall be notified
upon receipt of the development application and its approval
of any improvements or connections to the thoroughfare
shall be required prior to approval of a final plat or final
engineering plans when a plat is not required.
In addition, whenever a proposed project will generate
average daily traffic in excess of 500 200 trips, the required
Traffic Study shall be forwarded to the County Engineer for
review and comment prior to any consideration, by the
approving body, of the associated development application.
S:/DOC/TRIF
~AN ORDINANCE OF THE CiTY
~MIS~ION OF THE CITY OF DELRAY
'>gEACH, FLORIDA, AMENDING SEC-
~q'lON 2.4.3[E}, "TRAFFIC STATE-
'~'~ENTS AND STUDIES', SECTION
-~n'*~,4J(K}, 'ACCEPTANCE OF TRAF.
Z'~lC STATEMENTS AND STUDIES',
JANO SECTION 2.d.2(C]o 'NOTICE OF
"~XTERNAL AGENCIES AND CITI-
ZEN GROUPS', SUBSECTION
2aL2(C)(~) (1~), 'PALM BEACH COUN-
TY TRAFFIC DIVISON~, OF THE
LAND DEVELOPMENT REGULA-
TIOJ4S OF THE CITY OF DELRAY
BEACH, TO BE CONSIST~-T WITH
THE REQUIREMENTS OF THE
ADOPTED PALM 8EACH COUNTY
TRAFFIC PERFORMANCE STAN*
DARDS ORDINANCE RELATING TO
TRAFFIC STATEMENTS AND STUD,
lES; PROVIDING A GENERAL RE-
PEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE
DATE.
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA. AMENDING
PROVISIONS OF THE CODE OF OR-
DINANCES ANO LAND DEVELOP-
MENT REGULATIONS OF THE CITY
OF OELRAY BEACH PERTAINING
TO WATER AND SEWER FEES, IN-
CLUDING SECTION ~.3% ~OTHER
FEES", OF THE CODE OF ORDI.
NANCES TO PROVIDE FOR THE
DELETION OF THE PROJECT PLAN
REVIEW FEE, TO PROVIDE FOR A
DECREASE IN THE PROJECT ~N-
SPECT1ON FEE; TO PROVIDE FOR
RE.LETTERING THE SECTION;
AMENDING SUB-SECTION
q:EES', OF THE LAND DEVELOP-
MENT REGULAT(ONS TO PROVIDE
FOR THE DELETION OF THE WA.
TER SYSTEM IMPACT FEE; DE.
LETING SECTION S.3.3(O), 'IMPACT
FEE REOUIREtY OF THE LAND
DEVELOPMENT REGULATIONS;
PROVIDING REFERENCES TO THE
C~TY CODE OF ORDINANCES FOR
WATER SYSTEM CONNECTION
FEES, METER INSTALLATION
FEES AND SEWER SYSTEM CON-
NECTtON FEES; PROVIDING A
GENERAL REPEALER CLAUSE; A
SAVING CLAUSE. AND AN EFFEC-
TIVE DATE.
Please ~ a~ise~ ~ if a ~
any maf~er consiae~e~ at mis hearing,
sKh pet1~ will ne~t a recmt of ttle~
per~ nla¥ neecl Io er~ire Itlal a vtr.
I1~ eviaelce u~on ~,~ic~ tt, e a~eal is
1o ~. base~. T~e Cir,, does not pro~J~e
F.S.
CITY OF OELRAY BEACH
AliSOll A~cGreg~' Harry
Cily Cle~
Pl~ish: Feb"n, za~ 7,
~eci Ralo~ News
A PUBLIC HEARING will b~ h~d ~1
7:~ P~ m TU~Y, FEBRUARY
AN ORDINATE OF THE CITY C~
~l~lON OF THE CITY OF DELRAY
8EACH, FLORIDA, ~ENDING
CHA~ER ~, ~ELRAY B~CH
CODEENFORC~EN~, OF THE
CODEOF ORDINANCES OF THE
CITY~ DELRAY BEACH 8Y
~NDI~ SECTION
~EFINITION~, TO PROVIDE
A DEFINITION ~R NOTICE TO AP-
P~R; ~ENDING SECTION ~7.~
*INITIATION OF EN;ORC~ENT
PR~EDURE~, SUBSE~IOff (E),
TO PROVIDE THAT THE CODE EN-
FORCEMENT ~RD RETAINS
THE RIGHT TO SCHEDULE A
HEARING AND I~SE REASON-
ABLE PAYMENT OF ENFORCE-
~NT FEES U~N REPEAT YlO~
TION$ EVEN IF THE REPEATED
VIO~TiON 15 CORRECTED PRIOR
TO THE ~HEDULED HEARING,
AND BY ENACTI~ N~ SUBSEC-
TIONS (Fl AND (;) TO PROVIDE
CO~ ENFORC~ENT OFFICERS
WITH THE AUTHORITY TO ISSUE
NOTI~S TO AP~R IN COUNTY
C~RT ~R CODE VIO~TIONS
AND PR~IDI~ PR~EDURES
THE I~UA~E OF ~TICES
TO APP~R ~Y CODE ENFORCE-
MENT OFFICERS; PROVIDING A
~VING C~USE, A GENERAL
PEALER C~USE, A~D AN EFFEC-
TIVE ~TE.
AN ORDINANCE OF THE CITY C~
MINION OF THE CI~ OF DELRAY
B~CH, FLORI~, ESTABLISHING
THE WEST S~LERS HISTORIC
PARTICU~LY DE~RIBED
HEREIN; ~SIG~TING THE WEST
S~RS HISTORIC DISTRI~ TO
THE L~ REGISTER OF HIS~R-
lC ~C~; PR~IDING FOR THE
~EN~ENT ~ THE ~ONING
~P OF ~L~Y 8~CH, FLORI.
D~ ~ TO S~ ~E HISTORIC
DESIGNATION IN AN OVERLY
~NER; PR~IDING A GENE~L
REELER C~USE, A ~VIHG
C~U~ ANO AN EFFE~IVE
DATE.
AN ORDINANCE OF THE CITY C~
MINION OF THE CITY OF DELRAY
~H, FL~IDA, ~ENOI~ SEG
TION ~3, ~AL~, FENCES, AND
HE~, OF ~E ~ND DEVEL.
OPMENT REGU~TIONS OF THE
CI~ OF ~L~Y B~CH. TO RE.
STRI~ ~E ~IMUM HEIGHT OF
WAL~,FE~E~ AND HE~ES
WHERETH~ ARE DE~ED TO
CR~TEA SIGHT OBSTRUCTION;
PR~IDI~ A M~UR~ENT
M~. F~ HEIGHT; RE~TRICT-
I~ ~E ~ ~ CERTAIN FEtE
TY~$ I~ FReT AND STREET
SIDE YAR~ UNLE~ ~REENED
BY HE~I~; PROVIDING
~REENI~ RE~IR~ENTS FOR
~RY W~; PROVIDING
F~ S~ AND ~ND~P-
I~; PR~IOI~ A GENE~L RE-
P~LER C~USE, A ~VING
C~USE, ~D AN EFFECTIVE
DATE.
AN ORDIN~E OF THE CITY C~
MISSI~ ~ THE CI~ OF DELRAY
B~CH, F~I~ ~ENDING SEC-
~A~ENT OF
'RIGHT~A~, OF ~E ~ND
~E~NT REGU~TIONS OF
~E CI~ ~ DEL~Y B~. TO
R~ISE ~E PR~E~RE
~1~ ~BLIC R~T~F-WAY
~Y BE ~ED; PR~IDING
FOR A GENE~L REPaiR
C~U~, A ~Vl~ C~USE, AND