Ord 07-00FAILED ON FIRST READING - MARCH 7, 2000
ORDINANCE NO. 7-00
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.1.4, "USE OF
LOTS OF RECORD", SECTION 4.3.1, "APPLICATION OF DISTRICT
REGULATIONS", AND SECTION 5.1.6, "COMPLIANCE WITH
ZONING REGULATIONS", OF THE LAND DEVELOPMENT
REGULATIONS OF THE CITY OF DFJ.RAY BEACH, TO ESTABLISH
NOTIFICATION PROCEDURES FOR GRANTING RFJIEF FROM
MINIMUM LOT DIMENSION REQUIREMENTS AND PROVIDING
THAT THE HISTORIC PRESERVATION BOARD MAY GRANT
WAIVERS TO THE REQUIREMENT TO AI.I.OW THE
DEVELOPMENT OF A NONCONFORMING LOT OF RECORD
WHICH IS UNDER THE SAME OWNERSHIP AS THE ADJACENT
LOT BASED UPON THE FINDINGS AND RECOMMENDATION OF
THE PLANNING AND ZONING BOARD; 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 pubhc hearing held on February 28, 2000, and voted 5
to 1 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 detemained that the change is consistent with and
furthers the goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DFJ.RAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.1.4, "Use of Lots of Record", Section 4.3.1, "Application
of District Regulations", and Section 5.1.6, "Compliance with Zoning Regulations", of the Land
Development Regulations of the City of Delray Beach, be and the same ate hereby amended to read
as follows:
See Exhibit "A" attached hereto and made a part hereof.
.Section 2. 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.
FAILED ON FIRST READING - MARCH 7, 2000
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and
the same axe hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage
on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the __ day of ,2000.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
FAILED ON FIRST READING
- MARCH 7, 2000
- 2 - Ord. No. 7-00
EXHIBIT mA~ TO ORDINANCE NO. 7-00
PROPOSED ORDINANCE
Section 4. t.4 Use of Lots of Record:
(C) ~ .... "'~""*;~' ' .~;..,.;..~o ..,h.~. ,~.~.. ! ~. cept ingle family
............... zc,".=.".g ................. ..., . R . , Ex for s
residences subject to the R-1-A (Single Family Residential) zoning district
standards, if two (2) or more adjoining lots (or combination of lots and portions of
lots) of record were under the same ownership... ~* *~'~'.,,.. *"""-.,,,,.. -'~... ~..~....~.. ......... ..,
=m=.-,dme.-,t cf thls crdi,-,=,-,cc as of October 18, 1994, and if the total frontage
and the total area is equal to or greater than that which is required by the zoning
district regulations, said property shall not be developed except in accordance
with the minimum frontage and lot area requirements of the district. Ownership
shall be determined by the property tax rolls on file in the Palm Beach County
Property Appraiser's Office as of *~'" "~""*"'~ ,~*" cf *~'~o "-'~ ..... October 18
1994.
Notwithstandinq the above, a waiver to this requirement may be granted
pursuant to the provisions of LDR Section 2.4.7(B) by the Historic Preservation
Board for properties located within designated historic districts, or designated as
historic sites, or properties listed on the Local Reqister of Historic Places. The
City shall provide notice by mail of such action before the Historic Preservation
Board. Notice shall be provided pursuant to Section 2.4.2(B)(1)(n) to the owners
of all property located within five hundred feet (500') of the perimeter of the
property on which the waiver is being sought. The notice shall be mailed no later
than ten (10) calendar days prior to the meeting before the Historic Preservation
Board.
Section 4.3.1 Application of District Regulations:
(D) No yard or lot existing at the time of the passage of this chapter shall be
reduced in area or dimension below the minimum requirements set forth herein.
Lots or yards created after October 1, 1990, the ~ff~ctlve date cf thls chapter
shall meet the minimum requirements established by this chapter unless the City
Commission declares at the time of approval of an associated development
application that it is necessary and appropriate to create such a nonconformity.
Notwithstanding the above, the City shall provide notice by mail of any such
action before the City Commission. Notice shall be provided pursuant to Section
2.4.2(B)(1)(n) to the owners of all property located within five hundred feet
(500') of the perimeter of the property on which the action is being sought. The
notice shall be mailed no later than ten (10) calendar days prior to the meetinq
before the City Commission.
Section 5.1.6 Compliance with Zonin; Re;ulations:
(A)
General: All subdivisions shall conform with, at least, the minimum zoning
regulations applicable to the property being subdivided i.e. a nonconforming
situation cannot be created through the act of subdivision unless a variance
to such effect is approved by the Board of AdJustment, or relief granted by
the City Commission pursuant to Section 4.3.1(D) prior to action on a
prelimk.~y-subdivision plat" ............
li~,, .N~ .N, ,r~-, ,i.N~ ~
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CI~ MANAGER
AGENDA ITEM/~.~ - REGULAR MEETING OF MARCH 7, 2000
ORDINANCE NO. 7-00
MARCH 3, 2000
I support the notice requirement, but I oppose giving the Historic Preservation Board waiver power.
In my opinion, decisions to allow increased density and construction on substandard lots should be
made by the City Commission.
RefiAgmemol.Ord.7-00 City Manager Comments
THRU: DIANE DOMINGUEZ, DIRECTOR OF PLAN
FROM: JASM N ^LLE., P.A..ER
SUBJECT: MEETING OF MARCH 7, 2000
CONSIDERATION OF AN AMENDMENT TO LDR SECTIONS 4. t.4(C),
4.3.1(D) AND 5.1.6(A) ESTABLISHING NOTIFICATION REQUIREMENTS FOR
GRANTING RELIEF TO CERTAIN MINIMUM LOT DIMENSIONS
Relief from the mimmum lot dimension requirements may be granted by the Board of
Adjustment or the City Commission. While the City Commission may create substandard lots if it
is determined to be necessary and appropriate to create such nonconformity, unlike a variance
the C~ty Commission's action does not require the prowsion of public notices to the surrounding
property owners Notice requirements are established for variances in that the action of a
variance relates to a development standard which has the potential to impact adjacent property
owners. Thus, s~mdarly to a variance, relief from the minimum lot dimension provisions by the
City Commission should be subject to the same notiflcabon requirements.
The proposed amendment requires that the City provide mailed notices ten calendar (10) days
prior to a meeting, to all property owners within five hundred feet of the perimeter of the
property for which relief is being sought. The amendment also allows the Historic Preservation
Board to grant waivers (for historic properties) to allow the development of a nonconforming lot
of record which is under the same ownership as the adjacent lot. Such waivers will also be
required to be noticed. Add~bonal background and an analysis of the request are found in the
attached Planning and Zoning Board staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of
February 28, 2000. There was no public testimony regarding the request. The Board voted 5-1
(Morris absent, McCarty dissenting) to recommend approval of the proposed amendments,
based upon a positive finding that the amendment is consistent w~th and furthers the Goals,
Objectives, and Policies of the Comprehensive Plan.
By motion, approve on first reading a text amendment to LDR Sections 4.1.4(C), 4.3.1(D) and
5.1.6(A) to establish notification procedures for granting relief from the minimum lot dimension
requirements and prowding that the Historic Preservation Board may grant waivers to the
requirement to allow the development of a nonconforming lot of record which is under the same
ownership as the adjacent lot based upon the findings and recommendation of the Planning &
Zoning Board
Attachments: P&Z Staff Report and Documentation of February 28, 2000
Ordinance by Others
MEETING DATE:
FEBRUARY 28,'2000
AGENDA ITEM:
IV.G - AMENDMENT TO LDR SECTION 4.1.4(C);
SECTION 4.3.1(D) AND SECTION 5.1.6 (A)
ESTABLISHING NOTIFICATION REQUIREMENTS
FOR GRANTING RELIEF TO THE MINIMUM LOT
DIMENSION REQUIREMENTS
II
1
The item before the Board is that of making a recommendation to the City
Commission regarding an amendment to LDR Section 4.1.4 (C) Use of Lots of
Record, Section 4.3.1(D) Application of District Regulations; and, Section 5.1.6
(A) Compliance with Zoning Regulations, establishing notification requirements
for granting relief to the minimum lot dimension requirements pursuant to LDR
Section 2.4.5(M).
Pursuant to Section 1.1.6, an amendment to the Land Development Regulations
may not be made until a recommendation is obtained from the Planning and
Zoning Board.
Historically, relief to the minimum lot requirements has always necessitated a
variance through the Board of Adjustment. With the adoption of the revised LDRs
in 1990, procedures for obtaining relief from this and other code provisions were
established. Relief such as waivers, internal adjustments and special Board
actions were allowed by the Board taking action on the development application.
However, relief from the minimum lot dimension requirements could only be
granted by the Board of Adjustment or the City Commission.
In contrast to a variance, the City Commission may grant relief to the minimum
lot requirements without any formal notification procedures. In October 1999, a
request was received to subdivide the property located at 704 N. Swinton
Avenue in order to create two lots and construct a single family home. The
property was located within the R-l-AA (Single Family Residential) zoning district
and the proposed subdivision of the property did not conform to the minimum
size and width requirements. However, there was historical significance to an
existing single family residence on the lot which was constructed in 1924, by the
City's first registered architect, Samuel Ogren Sr. The applicant was willing to
have the house placed on the Local Register of Historic Places in exchange for
being able to construct a second home on the newly created substandard lot.
The request was considered by the City Commission and was not
processed as a variance, since the City Commission may create substandard
Planning and Zoning Board Staff Report
Establishing Nobfication Requirements for Granting Relief to the Minimum Lot Dimension
Requirements - LDR Text Amendment
Page 2
lots if it is determined to be necessa.ry and appropriate to create such
nonconformity. Residents of the area learned of the action a few days before the
meeting and organized to object to the subdivision, which was ultimately denied.
During the City Commission hearing it was suggested that the Commission's
action was paramount to the granting of a variance with no formal notice
provision made to the surrounding property owners. Notice requirements are
established for variances in that the action of a variance relates to a development
standard which has the potential to impact adjacent property owners. As such,
relief from a code requirement which would otherwise necessitate a variance
should be noticed similarly.
The minimum lot dimension requirements are established in Section 4.3.4(K)
Development Standards Matrix. Section 2.2.4(D)(3)(a), states that the Board of
Adjustment (this also applies to the Historic Preservation Board acting in-lieu of
the Board of Adjustment for historic properties) may grant relief from the General
Development Standards set forth in Section 4.3.
Variances from either the Board of Adjustment or the Historic Preservation Board
pursuant to Section 2.4.2(B)(1)(f) and (g), require that a notice mailed no later
than ten (10) days prior to the public hearing be provided to the owners of all
property located within five hundred feet (500') of the property on which the
variance is being sought.
In addition to Section 4.3.4(K) Development Standards Matrix which establishes
the minimum lot dimension requirements the following provisions regarding lot
requirement standards are also setforth:
Section 4.1.4 (C) Use of Lots of Record: In residential zoning districts other
than R-l-A, if two (2) or more adjoining lots (or combination of lots and portions
of lots) of record are under the same ownership at the time of passage or
amendment of this ordinance, and if the total frontage and the total area is equal
to or greater than that which is required by the zoning district regulations, said
property shaft not be developed except in accordance with the minimum frontage
and lot area requirements of the district. Ownership shall be determined by the
property tax rolls on file in the Palm Beach County Property Appraiser's Office as
of the effective date of this ordinance.
Section 4.3.1(D), Application of District Regulations: No yard or lot existing at
the time of the passage of this chapter, shaft be reduced in area or dimensions
below the minimum requirements set forth herein. Lots or yards created after the
Planmng and Zoning Board Staff Report
Estabhsh~ng Notification Requirements for Granting Relief to the Minimum Lot Dimension
Requirements - LDR Text Amendment
Page 3
effective date of this chapter shall meet the minimum requirements established
by this chapter un/ess the City Commission dec/ares at the time of approval of an
associated development application that it is necessary and appropriate to create
such a nonconformity.
Section 5.1.6 Compliance with Zoning Regulations:
(A) General: All subdivisions shall conform with, at least the minimum zoning
regulations applicable to the property being subdivided £e. a nonconforming
situation cannot be created through the act of subdivision unless a variance to
such effect is approved by the Board of Adjustment prior to action on a
preliminary subdivision plat. However, conditions of approval which require
mitigation of such a situation may be affixed to the approval of final plat in lieu of
pursuing a variance.
It is through these provisions that relief (other than that of a variance) may be
obtained by the City Commission. The City Commission has granted relief under
the three code provisions cited above either through the creation of the
subdivision with specific conditions which mitigates the impacts pursuant to
Section 5.1.6(A) or by specifically determining that the creation of nonconforming
lot is necessary and appropriate as required by Section 4.3. I(D).
Additionally, requests for relief have been approved by the City Commission to
allow the development of lots of record which are substandard where there were
two or more adjoining lots which were and under the same ownership. These
requests were processed as waivers pursuant to Section 2.4.7(B)(1)(b) Special
Power to the City Commission which states "Notwithstanding, the City
Commission_may grant a waiver to any provision of these regulations when there
is no other avenue for relief available in these regulations. However, waivers
shall not be considered with respect to:
(i)
(ii)
Matters which pertain to the use of land or structures;
A requirement for a public hearing or providing notice that an item will be
considered by a development board;
A regulation for which it is stated that there shall be no waiver and/or
variance provided.
In each case no formal notification procedure was required. VVhile "Special
Courtesy" notices are provided to the neighborhood association representatives,
these notices are required once an item is set on an agenda which does not
always allow sufficient time to notice individual residents.
Relief from the code requirements other than those contained in the General
Development Standards may be obtained by processing waivers, internal
adjustments and special actions. Such actions should not require specific
Planning and Zoning Board Staff Report
Establishing Notification Requirements for Granting Relief to the Mimmum Lot Dimension
Requirements - LDR Text Amendment
Page 4
notification as those code provisions primar, ily pertain to functions internal to the
site. On the other hand, relief to a development standard listed in Section
4.3.4(K) such as setbacks, lots size and dimensions and open space lends itself
to impacting adjacent properties and thus the variance mechanism is established
whereby the adjacent property owners are made aware of such actions.
Likewise, the provisions for granting relief by the City Commission for lot
dimensions requirements should carry the same notification requirements.
The proposed amendment would therefore require that the City provide mailed
notices to property owners within five hundred feet of the perimeter of the
property for which relief is being sought and establishes a specific timeframe of
ten calendar (10) days prior to the meeting when such notices shall be mailed.
Additionally, the amendment allows the Historic Preservation Board to grant
waivers (for historic properties) to the requirement to allow the development of a
nonconforming lot of record which is under the same ownership as the adjacent
lot. These waivers would be noticed as described above.
COMPREHENSIVE PLAN POLICIES:
The goals, objectives and policies of the Comprehensive Plan were reviewed and
there are no applicable goals, objectives or policies noted.
The proposal is not site specific and thus does not fall under the review authority
of the Community Redevelopment Agency (CRA); the Downtown Development
Authority (DDA); or the Historic Preservation Board.
By motion, recommend to the City Commission that LDR Section 4.1.4 (C) Use
of Lots of Record, Section 4.3.1(D) Application of District Regulations; and,
Section 5.1.6 (A) Compliance with Zoning Regulations be amended to establish
notification procedures for granting relief from the minimum lot dimension
requirements and providing that the Historic Preservation Board may grant
waivers to the requirement to allow the development of a nonconforming lot of
record which is under the same ownership as the adjacent lot, based upon
positive finding with LDR Section 2.4.5(M)(5), that the text amendment is
consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
Attachment:
[] Proposed Amendment
0~f25/2000 22:83 5612766709 PEART PAGE 01
P.O. Box 2758 Delray Beach, FL 33447