Ord 11-00ORDINANCE NO. 11-00
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 DEV-EI.OPMENT
REGULATIONS OF THE CITY OF DFJ.RAY BEACH, TO ESTABLISH
NOTIFICATION REQUIREMENTS FOR THE GRANTING OF
RELIEF FROM CERTAIN MINIMUM LOT DIMENSIONS;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE,
AND AN EFFECTIVE DATE.
WHEREAS, pursuant to I_.DR Section 1.1.6, the Phnning and Zoning Board
reviewed the proposed text amendment at a public heating 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 DELRAY BEACH, FLORIDA, AS FOI.I.OWS:
Section 1. That Chapter Four, "Zoning Regulations", Section 4.1.4, 'qdse of Lots of
Record", of the Land Development Regulations of the City of Delray Beach be, and the same is
hereby amended to read as follows:
residences subject to the Rd-A (Single Family Residential) zoning district
standards, if two (2) or more adjoining lots (or combination of lots and portions
of lots of record aee were under the same owners
-~r. na~mcn: c,f 'tmia c,.-a:-~ancc .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 .u~w.. ,...,.,.~...AC"A--":---- ,~,.a .... ,~.c .+.':a c. za.~nanee October
18, 1994.
Notwithstanding the above, a waiver to this requirement may be granted by the
City Commission pursuant t.o the provision~ of LDR Section 2.4.7(13). Notice
of the request 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.
later than ten (10) calend_~r days prior to
Commission.
The notice shall be mailed OO
the meeting before the City
For properties located within designated historic districts, or des'Lgnated as
historic sites, or properties listed on the Local Register of Historic Places, the
Historic Preservation Board shall review the request prior to the City
Commission meeting and shall forward its recommendation on the request to
the City Commission. Notification of the request shall be as described above,
except that the mailing of the notices shall occur no later than ten (10) calendar
days prior to the meeting before the Historic Preservation Board.
Section 2. That Chapter Four, "Zoning Regulations", Section 4.3.1, Application of
District Regulations", of the Land Development Regulations of the City of Dekay Beach be, and the
same is hereby amended to read as follows:
CD)
No yard or lot existing at the time of the passage of this chapter shall be reduced
in area or dimensions below the minimum requirements set forth herein. Lots
or yards created after October 1, 1990,~..~'1-~ ~..~...-rc^-"--- .~a .... ...c .~:-.~o ~,~v~--1- ..... 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
meeting before the City Commission.
Section 3. That Chapter Five, "Subdivision Regulations", Section 5.1.6,
"Compliance with Zoning Regulations", of the Land Development Regulations of the City of Delray
Beach, be and the same are hereby amended to read as follows:
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 ~anted by the_
City Commission pursuant to Section 4.3.1 CD)) prior to action on a
plat
subdivision u .......... ~: .'- .... r ....... ~ _.1-; ~1- ..... : _
- 2 - Ord. No. 11-00
Section 4. That should any section or provision of this ordinance or any portion
thereof, any paz/tgraph, 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.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage
on second and final reading.
the
PASSED AND ADOPTED in regular session on second and final reading on this
16 th day of bla¥ ,2000.
ATTEST:
MAYOR
First Reading May 2, 2 0 0 0
Second Reading May 16, 2 000
- 3 - Ord. No. 11-00
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM }0. t~ . REGULAR MEETING OF MAY 16, 2000
ORDINANCE NO. 11-00
DATE: MAY 12, 2000
This is second reading and a public hearing for Ordinance No. 11-00 which promdes for nouficafion
requirements for specified waivers but leaves the authority to grant waivers with the City Commission
as opposed to delegating that authority to the Historic Preservation Board. The nofificauons will be
marled ten (10) days prior to the meeting at wluch the Historic Preservation Board would make a
recommendauon on a proposed waiver, as opposed to ten days prior to the Commission meeting.
This will enable the Historic Preservation Board to take public comment into consideration before a
recommendauon is made.
At first reading on May 2nd, the City Commission passed the ordinance on first reading by a vote of 3
to 2 (Commissioners McCarthy and Schwartz dissenting).
The staff recommendation is approval of Ordinance No. 11-00 on second and final reading.
RefiAgmemo l .Ord. 11-00.Second Reading
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
ITY MANAGER
AGENDA ITEM ]~A- REGULAR MEETING OF MAY 2, 2000
ORDINANCE NO. 11-00/11-00A
DATE: APRIL 28, 2000
Two ordinances are presented for the City Comrmssion's consideration. The first, Ordinance No. 11-
00, provides for notification requirements for specified waivers but leaves the authority to grant
waivers with the City Cormmssion. The second, Ordinance No. 11-00A, provides for notification
requirements but gaves the Historic Preservataon Board the authority to grant waivers for 1-ustoric
properties.
I support the notice requirement, but I oppose gwing the Historic Preservation Board wmver power.
In my opimon, decisions to allow increased density and construction on substandard lots should be
made by the City Comwassmn.
I recommend that Ordinance No. 11-00 be passed on first reading and scheduled for public hearing
on May 16m, and that Ordinance No. 11-00A be voted down.
RefiAgmemo 1.Ord. 11-00.C~ty Manager Comments
TO:
THRU:
FROM:
SUBJECT:
DAVID T. HARDEN, CITY MANAGER
DIANE DOMINGUEZ, DIRECTOR OF PLANNING AND ZONING
CONSIDERATION OF AN AMENDMENT TO LDR SECTIONS 4.1.4(C),
4.3.1(D) AND 5.1.6(A) ESTABLISHING NOTIFICATION
REQUIREMENTS FOR GRANTING RELIEF TO CERTAIN MINIMUM
LOT DIMENSIONS
On March 7, 2000, the City Commission considered an amendment that would
establish formal notification requirements for the granting of relief to certain minimum lot
dimensions. The amendment applies to those sections of the Land Development
Regulations that involve:
1) The creation of new substandard lots, when the City Commission makes a
specific finding that it is necessary and appropriate to do so; and
2) Waivers that allow for the separate development of an existing nonconforming lot
of record that is under the same ownership as the adjacent lot.
The amendment would also give the Historic Preservation Board (HPB) the authority to
grant waivers as described in #2 above for properties located within historic districts or
listed on the Local Register of Historic Places. The City Commission raised objections
with respect to giving the HPB waiver authority, and requested that prior to
reconsidering an amended ordinance, comments be obtained from the Historic
Preservation Board on the proposed change.
The proposed text change was placed on the HPB agenda for April 5, 2000. After
discussion, the Board voted unanimously (6 to 0) to recommend that the text
amendment be adopted as originally proposed, with the HPB being able to grant
waivers as described above. The Board's reasoning for this position is as follows:
They already review and make recommendations on these types of waivers,
and are the most qualified body to determine if a proposed development is
consistent with the historic character of the area;
They currently have the ability to grant variances to numerous development
standards for historic properties, and it seems logical to allow them to also
grant waivers for the development of substandard lots; and
City Commission Documentabon
Meeting of May 2, 2000
LDR Text Amendment - Notification Requirements For Specified Waivers
Page 2
Allowing them to approve these waivers would streamline the review process,
as they could consider the waiver request and development proposal
concurrently. This would provide property owners with an additional
advantage to having a property listed as historic.
If the City Commission decides not to delegate this authority to the HPB, the Board
requested that the proposed notifications be mailed ten (10) days prior to the meeting at
which the HPB would make its recommendation on the waiver, as opposed to 10 days
prior to the Commission meeting. This would enable the HPB to take public comment
into consideration before a recommendation is made.
Attached are the alternative amendments: one that provides for the HPB's approval of
the waivers, and one that leaves that authority with the City Commission but provides
for notification prior to the HPB meeting.
It should be noted that in no case will the HPB be allowed to approve the creation of
new substandard lots. That ability will continue to rest with the City Commission only.
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 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 the
findings and recommendation of the Planning & Zoning Board.
Attachments:
D P&Z Staff Report and Documentation of February 28, 2000
Q Ordinances by Others
City Commission Documentation
Meeting of May 2, 2000
LDR Text Amendment - Notification Requirements For Specified Waivers
Page 3
PROPOSED ORDINANCE
Section 4.1.4 Use of Lots of Record:
Alternative 1 - City Commission Retains Waiver Authority
(C) !n m-_.!d~.-.t!~_! '-,',-;-= d!str!c?_ -'_t?_r th~_n R 1 A, Except for single family residences
subject to the R-I-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 '-* *~"- *~-"'~ '''~ ............. '<"---'-* ,-,~ ,h;o ,-.,,<; ..... 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 th~ eff~ct!,.'e d~_te ef this erd!r._.qce
October 18, 1994.
Notwithstanding the above, a waiver to this requirement may be granted by the City
Commission pursuant to the provisions of LDR Section 2.4.7(B). Notice of the request
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 City Commission.
For properties located within designated historic districts, or designated as historic
sites, or properties listed on the Local Register of Historic Places, the Historic
Preservation Board shall review the request prior to the City Commission meeting and
shall forward its recommendation on the request to the City Commission. Notification of
the request shall be as described above, except that the mailing of the notices shall
occur no later than ten (10) calendar days prior to the meeting before the Historic
Preservation Board.
Alternative 2- HPB Given Authority to Grant Waivers for Historic Properties
(C) ~'' '"°~""+~"~ =""~"" ~°*'I"*" "'*~'"' *~'"" c~ ~ ~,, Except for single family residences
subject to the R-I-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 at the t!me of ~_~_~e er '~_mendment ef th!~ er_'2!.-.~_nce 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 the effect!,.'e d_ts ef th!s erd!n~nce
October 18, 1994.
City Commission Documentation
Meeting of May 2, 2000
LDR Text Amendment - Nobfication Requirements For Specified Waivers
Page 4
Notwithstanding the above, a waiver to this requirement may be granted by the City
Commission pursuant to the provisions of LDR Section 2.4.7(B). Notice of the request
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 City Commission.
For properties located within designated historic districts, or designated as historic
sites, or properties listed on the Local Register of Historic Places, the Historic
Preservation Board shall have the authority to grant a waiver to this section. Notification
of the request shall be as described above, except that the mailing of the notices shall
occur 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 effsct!vs d~ts of th!"_. ':h~pter 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
meeting before the City Commission.
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 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 ~
subdivision plat. Hc'wever, ,.,.,..~i,~ .... ~-r-r- ........ ..... ' '"'~'~"~' requ'.re' ,~;,~..~,i,.,, .,~ .... ~ ~,
mMO. l~,WO
~YMD~MY
~ 4.14, ~M OF L~TI M
FAILED ON 1ST R~ADING - MAY 2, 2000
ORDINANCE NO. 11-00A
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 DELRAY BEACH, TO ESTABLISH
NOTIFICATION REQUIREMENTS FOR THE GRANTING OF
RELIEF FROM CERTAIN MINIMUM LOT DIMENSIONS;
PROVIDING THAT THE HISTORIC PRESERVATION BOARD MAY
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 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 public 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, sxtting as the Local Planning Agency, has determined that the change xs consistent wxth and
furthers the goals, 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 Four, "Zoning Regulations", Section 4.1.4, "Use of Lots of
Record", of the Land Development Regulations of the Cxty of De[ray Beach be, and the same is
hereby amended to read as follows:
(c)
residences sublect to ~e R-1-A (S~gle Fa~y ResidenfiM) zomg ~s~ct
standards, ff ~o (2) or more adjo~g lots (or comb~afion of lots and portions
) ~P ~ ..... ~ .........
of lots of record ~ were ~der ~e same owners~* ~ ........ g .... 8~ ~,
amcna~cnt af *~a ar~:~ancc as of October 18, 1994, and ff ~e total frontage
and ~e total area is equ~ to or ~eater ~an ~at w~ch ~s req~ed by ~e zomg
· smct reg~auons, smd proper~ sha~ not be developed except ~ accordance
w~ ~e mm ~ontage and lot area req~ements of ~e ~s~ct. OwnersMp
sha~ be detemed by ~e proper~ tax ro~s on file m ~e Pa~ Beach Coun~
Proper rmser's ce as o ....................... ~ ~. ~ Octo er
18, 1994.
FAILED ON 1ST READING - MAY 2, 2000
FAILED ON 1ST READING - MAY 2, 2000
Notwithstanding the above, a waiver to this requirement may be granted by the
City Comrmsslon pursuant to the provisions of LDR Section 2.4.7.(13). Nonce
of the request 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 perwneter of the
property on whtch the wmver is being sought. The nonce shall be mailed no
later than ten (10) calendar days prior to the meeting before the City
Comrmsslon.
For properties located within deszgnated historic districts, or deskgnated as
historic sites, or propemes listed on the Local Regaster of Historic Places, the
Historic Preservanon Board shall have the authority to grant a waiver to this
section. Notificatton of the request shall be as described above, except that the
mailing of the nonces shall occur no later than ten (10) calendar days prior to
the meeting before the Historic Preservanon Board.
Section 2. That Chapter Four, "Zoning Regulauons", Section 4.3.1, Apphcation of
District Regulauons", of the Land Development Regulations of the C~ty of De[ray Beach be, and the
same is hereby amended to read as follows:
(D)
No yard or lot extsting at the time of the passage of this chapter shall be reduced
in area or dimensions below the mimmum requirements set forth hereto. Lots
or yards created after October 1, 1990 t3.c ............ _cc_~,.:_., datc of tFas ~u ..... I'L,~ shall
meet the minimum requirements established by this chapter unless the City
Commission declares at the time of approval of an associated development
apphcation that it is necessary and appropriate to create such a nonconformity.
Notwithstanding the above, the City. shall provide notice by mail of any such
actton before the City Commissxon. Notice shall be promded pursuant to
Secnon 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 nonce shall be mailed no later than ten (10) calendar days prior to the
meeting before the City Commission.
Section 3. That Chapter Fxve, "Subdivision Regulations", Section 5.1.6,
"Compliance with Zoning Regulations", of the Land Development Regulanons of the City of Delray
Beach, be and the same are hereby amended to read as follows:
General: All subdivisions shall conform with, at least, the mimmum zoning
regulanons apphcable to the property being subdivided (i.e. a nonconforming
situation cannot be created through the act of subdivision unless a variance to
such effect ~s approved by the Board of Adjustment or relief granted by the
City Commission pursuant to Section 4.3.1 .(D)) prior to acUon on a I'
sub&v~sion plat. ta ............ a; ..... c ........ , _.u,~u _.,~ ...... ,,~ c
........ , ............. I'F ........... rcqutrc
- 2 - Ord. No. ll-00A
FAILED ON 1ST READING - MAY 2, 2000
Section 4. That should any secnon or provision of th~s ordinance or any portion
thereof, any paragraph, sentence or word be declared by a court of competent jurisdicuon 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 mvahd.
Section 5. That all ordinances or parts of ordinances in conflict herewxth be, and
the same are hereby repealed.
Section 6. That this ordinance shall become effective mu'nediately upon its passage
on second and final reading.
the
PASSED AND ADOPTED in regular session on second and final reading on this
__ day of ,2000.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
- 3 - Ord. No. ll-00A
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
ITY MANAGER
AGENDA ITEM }~/q- REGULAR MEETING OF MAY 2, 2000
ORDINANCE NO. n-oo/n-OOA
DATE: APRIL 28, 2000
Two ordinances are presented for the City Commission's consideration. The first, Ordinance No. 11-
00, provides for notification requirements for specified waivers but leaves the authority to grant
waivers with the C~ty Commission. The second, Ordinance No. l l-00A, provides for notification
requirements but gives the Historic Preservatton Board the authority to grant waivers for historic
properties.
I support the notice requirement, but I oppose giving the Historic Preservation Board waiver power.
In my opinion, decisions to alloxv increased density and construcuon on substandard lots should be
made by the City Commission.
I recommend that Ordinance No. 11-00 be passed on frrst reading and scheduled for public hearing
on May 16m, and that Ordinance No. 11-00A be voted do~vn.
RefiAgmemol .Ord.11-00.City Manager Comments
TO:
THRU:
FROM:
SUBJECT:
DAVID T' HARDEN, CITY MANAGER ~.~ ~,iA~- .
MEETING OF MAY 2, 2000
CONSIDERATION OF AN AMENDMENT TO LDR SECTIONS 4.1.4(C),
4.3.1(D) AND 5.'1.6(A) ESTABLISHING NOTIFICATION
REQUIREMENTS FOR GRANTING RELIEF TO CERTAIN MINIMUM
LOT DIMENSIONS
On March 7, 2000, the City Commission considered an amendment that would
establish formal notification requirements for the granting of relief to certain minimum lot
dimensions. The amendment applies to those sections of the Land Development
Regulations that involve:
1) The creation of new substandard lots, when the City Commission makes a
specific finding that it is necessary and appropriate to do so; and
2) Waivers that allow for the separate development of an existing nonconforming lot
of record that is under the same ownership as the adjacent lot.
The amendment would also give the Historic Preservation Board (HPB) the authority to
grant waivers as described in #2 above for properties located within historic districts or
listed on the Local Register of Historic Places. The City Commission raised objections
with respect to giving the HPB waiver authority, and requested that prior to
reconsidering an amended ordinance, comments be obtained from the Historic
Preservation Board on the proposed change.
The proposed text change was placed on the HPB agenda for April 5, 2000. After
discussion, the Board voted unanimously (6 to 0) to recommend that the text
amendment be adopted as originally proposed, with the HPB being able to grant
waivers as described above. The Board's reasoning for this position is as follows:
They already review and make recommendations on these types of waivers,
and are the most qualified body to determine if a proposed development is
consistent with the historic character of the area;
They currently have the ability to grant variances to numerous development
standards for historic properties, and it seems logical to allow them to also
grant waivers for the development of substandard lots; and
City Commission Documentation
Meeting of May 2, 2000
LDR Text Amendment - Notification Requirements For Specified Waivers
Page 2
Allowing them to approve these waivers would streamline the review process,
as they could consider the waiver request and development proposal
concurrently. This would provide property owners with an additional
advantage to having a property listed as historic.
If the City Commission decides not to delegate this authority to the HPB, the Board
requested that the proposed notifications be mailed ten (10) days prior to the meeting at
which the HPB would make its recommendation on the waiver, as opposed to 10 days
prior to the Commission meeting. This would enable the HPB to take public comment
into consideration before a recommendation is made.
Attached are the alternative amendments: one that provides for the HPB's approval of
the waivers, and one that leaves that authority with the City Commission but provides
for notification prior to the HPB meeting.
It should be noted that in no case will the HPB be allowed to approve the creation of
new substandard lots. That ability will continue to rest with the City Commission only.
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 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 the
findings and recommendation of the Planning & Zoning Board.
Attachments:
[] P&Z Staff Report and Documentation of February 28, 2000
r~ Ordinances by Others
City Commission Documentation
Meeting of May 2, 2000
LDR Text Amendment - Notification Requirements For Specified Waivers
Page 3
PROPOSED ORDINANCE
Section 4.1.4 Use of Lots of Record:
Alternative 1 - City Commission Retains Waiver Authority
(C) ~'' "'~°~'~"~'*;-"~ ~'"";"" ~;°*";"*° "*~"~" mo,. ~ , a, Except for single family 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 at the time of passage or amendment of this ordinance 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 the effective d~_te of this ordinance
October 18, 1994.
Notwithstanding the above, a waiver to this requirement may be granted by the City
Commission pursuant to the provisions of LDR Section 2.4.7(B). Notice of the request
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 City Commission.
For properties located within designated historic districts, or designated as historic
sites, or properties listed on the Local Register of Historic Places, the Historic
Preservation Board shall review the request prior to the City Commission meeting and
shall forward its recommendation on the request to the City Commission. Notification of
the request shall be as described above, except that the mailing of the notices shall
occur no later than ten (10) calendar days prior to the meeting before the Historic
Preservation Board.
Alternative 2 - HPB Given Authority to Grant Waivers for Historic Properties
(C) I .... ;,~,.,,,;.~ -.,.,,;,,,. ,~;o,.~,.,o ..,h,~. ,h.~, ~_, a, Except for single family residences
subject to the R-I-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 at the time of passage or amendment of this ordinance as of October
18, 1994, and if the total frontage and the total area is equal to or 9reater 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 the. effective date of this ordinance
October 18, 1994.
City Commission Documentation
Meeting of May 2, 2000
LDR Text Amendment - Notification Requirements For Specified Waivers
Page 4
Notwithstanding the above, a waiver to this requirement may be granted by the City
Commission pursuant to the provisions of LDR Section 2.4.7(B). Notice of the request
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 City Commission.
For properties located within designated historic districts, or designated as historic
sites, or properties listed on the Local Register of Historic Places, the Historic
Preservation Board shall have the authority to grant a waiver to this section. Notification
of the request shall be as described above, except that the mailing of the notices shall
occur 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, *h,, ,~m~,-*~,,,~ ,4-,*,~ ,-,~ *~,;o ,-~,.,~,*,~, 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
meeting before the City Commission.
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 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 ~
subdivision plat. However, ~;*; .... ~_~.,. ........ ..... ~,,,~-~"~- requ'.re' '~';*~'-'-*~'-"* '''~ .... h ~