Ord 11-06
ORDINANCE NO. 11-06
AN ORDINANCE OF THE CITI COMMISSION OF THE
CITI OF DELRA Y BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 2.4.4,
"GENERAL PROCEDURES PERTAINING TO APPROVAL
OF LAND USE AND DEVELOPMENT APPLICATIONS",
SUBSECTION 2.4.4(E), "EXPIRATION OF APPROVALS",
TO CLARIFY TIMEFRAMES FOR DEVELOPMENT
APPROVALS; 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 January 23, 2006 and voted 7 to 0 to
recommend that the changes be approved; and
WHEREAS, pursuant to Horida 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 goals, objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITI COMMISSION OF THE
CITI OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 2.4.4, "General Procedures Pertaining to Approval of Land Use and
Development Applications", Subsection 2.4.4(E), "Expiration of Approvals", of the Land
Development Regulations of the Code of Ordinances of the City of Delray Beach, Horida, be and
the same is hereby amended to read as follows:
(E) E~iration of Ap-provals:
(1) Prior Approvals: Any development application approved prior to the adoption of
these Land Development Regulations shall be handled pursuant to Section 1.2.2.
(2) Conditional Uses. Site Plans. Landsc~ing Plans, Architectural Plans.
Preliminary Subdivision Plats: All development approvals. including The folloW=.ng shall apply to
unexpired development approvals that have not been previously extended aad aew devdopmeat
applications submitted prior to Marek 15, 2005 aad to aew developmeat ltl'pHcatiOftS st1bmitted
after Marek 15, 2005. DeH:lopmeat apprO'.rals shall be valid for a period of twenty-four (24)
months, unless a different period is specifically stated. ia eoaditiofts of ltl'p!O';al. During this
approval period, the project shall be established pursuant to 2.4.4(0). This section shall not apply to
extensions of development approvals. Extensions shall be governed by Section 2.4.4(F); provided,
(
however an extension granted under 2.4.4(F) (4) shall not be considered a previous extension under
this section. If the project is not established within the 24 months. as defined by LDR Section
2.4.4(0) an extension may be requested pursuant to LDR Section 2.4.4(p). Approved plans that
have not been established within the 24 month period shall not have their approval date extended if
a Class 1. II. and III site plan modification or minor Conditional use modification is submitted
during the 24 month period. However. if a Class IV site plan modification or major conditional use
modification is submitted and approved during the 24 month period. this approval shall be
considered a new approval and extend the development approval date for an additional 24 month
period from the date the Class IV site plan modification or major conditional use modification was
approved.
(3) Certificates of Appropriateness, Relief from ParkiQg Requirements, Waivers.
and Adjustments: and similar approvals which are associated with a specific development
application shall remain valid for the same period as said development application. These approvals
do not run with the land nor are they transferable to another development proposal.
(4) Abandonments, Final Plats. Variances: are final actions which run with the land.
(a) Once approved by the City Commission, the final plat must be recorded
within eighteen (18) months. If the final plat is not recorded within eighteen
(18) months, the approval expires.
(b) A final plat may be vacated by action of the City Commission [See Section
2.4.5(L)].
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.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
2
ORD. NO. 11-06
(
\
~
P ~D ~D ADOPTED in regular session on second and final reading on this the ~ day of
~-' - ,200k.
-
ATTEST
~of~
First Readin
3
ORD. NO. 11-06
MEMORANDUM
FROM:
MAYOR AND CITI COMMISSIONERS
CITI MANA GERM
\.
AGENDA ITEM # \0 "-
ORDINANCE NO. 11-06
HEARING)
- REGULAR MEETING OF MARCH 21, 2006
(SECOND READING/SECOND PUBLIC
TO:
SUBJECT:
DATE:
MARCH 17, 2006
This ordinance is before Commission for second reading and second public hearing for a City initiated
amendment to Land Development Regulations (LOR) Section 2.4.4(E)(2), "Expiration of Approvals;
Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, Preliminary Subdivision Plats", to
clarify the timeframes for development approvals.
The City initiated amendment to the LDR's is being processed to clarify that initial approvals for Site
Plans, Conditional Use Approvals, Landscape Plans, Architectural Plans, and Preliminary Subdivision
Plats are valid for 24 months. Further, that if Class I, II, and III site plan modifications, or minor
conditional use modifications, are made to the approval plans before they are considered established by
LDR Section 2.4.4(0), "Establishment of Project", (between 25%-100% of construction completed by
the approval expiration date), the modification approvals do not extend the expiration date of the
original approval. The amendment does clarify that if Class IV site plan modifications, or major
conditional use modifications, are made to the approved plans, before they are considered established,
the approval would extend the development approval date for an additional 24 months from the date the
Class IV site plan modification or major conditional use modification was approved.
The clarification is being recommended to address an applicant's recent assertion that an intervening
Class III site plan modification automatically extended a Class V site plan approval that was nearing its
expiration date. The Class III site plan modification findings differ from those required of a Class V
extension. The Class III findings require an acknowledgement that the proposed changes do not
significandy affect the originally approved plan; while the extension request findings require the project
to be evaluated pursuant to the LDR's in effect at the time of consideration of the extension request and
requires compliance with such current requirements.
The Planning and Zoning Board held a public hearing at its meeting of January 23, 2006. There was no
public testimony. The Board voted 7-0 to recommend to the City Commission approval of the
amendment by adopting the findings of fact and law contained in the staff report; and finding that the
request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section
2.4.5(M) (Amendment to Land Development Regulations).
At the first reading on March 6, 2006, the City Commission passed Ordinance No. 11-06.
Recommend approval of Ordinance No. 11-06 on second and final reading.
s: \City Clerk \agenda memos\Ord.ll-06 Dev Timeframe Approvals 032106
o~
TO:
FROM:
SUBJECT:
DAV~'~?f N, T'( MANAGER
PAul ~ING, DIR TOR OF PLANNING & ZONING
MEETING OF MARC 6, 2006 - REGULAR AGENDA
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 2.4.4 (E) (2) TO CLARIFY
TIMEFRAMES FOR DEVELOPMENT APPROVALS.
The item before the City Commission is approval of a City-initiated amendment to the Land
Development Regulations Section 2.4.4(E) (2) clarifying timeframes for development approvals.
The City-initiated amendment to the Land Development Regulations is being processed to clarify
that initial approvals for Site Plans, Conditional Use approvals, landscape plans, architectural plans,
and preliminary subdivision plats are valid for 24 months. Further, that if Class I, II, and III site plan
modifications or minor conditional use modifications are made to the approved plans before they are
considered established by LDR Section 2.4.4 (D), (between 25% - 100% of construction completed
by the approval expiration date), the modification approvals do not extend the expiration date of the
original approval. The amendment does clarify that if a Class IV site plan modifications or major
conditional use modifications are made to the approved plans before they are considered
established the approval would modify the original approval date an additional 24 months.
The clarification is being recommended to address an applicant's recent assertion that an
intervening Class III site plan modification automatically extended a Class V site plan approval that
was nearing its expiration date. The Class III site plan modification findings differ from those required
of a Class V extension. The Class III findings requires an acknowledgment that the proposed
changes do not significantly affect the originally approved plan; while the extension request findings
requires the project to be evaluated pursuant to the Land Development Regulations in effect at the
time of consideration of the extension request and requires compliance with such current
requirements.
The Planning and Zoning Board held a public hearing on this request on January 23, 2006. After
presentations from Planning Staff the Board voted 7 to 0 to recommend to the City Commission
approval of the amendment to Land Development Regulations Section 2.4.4(E) (2) Expirations of
Approvals, Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, and Preliminary
Subdivision Plats by adopting the findings of fact and law contained in the staff report and finding
that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
Move to approve the amendment to Land Development Regulations Section 2.4.4(E) (2) Expirations
of Approvals, Conditional Uses, Site Plans, Landscaping Plans, Architectural Plans, and Preliminary
Subdivision Plats by adopting the findings of fact and law contained in the staff report and finding
that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section
2.4.5(M) of the Land Development Regulations.
Attachments:
. Proposed Ordinance
. Planning & Zoning Staff Report of January 23,2006
lOA
ORDINANCE NO. 11-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 2.4.4, "GENERAL
PROCEDURES PERTAINING TO APPROVAL OF LAND USE
AND DEVELOPMENT APPLICATIONS", SUBSECTION 2.4.4(E),
"EXPIRATION OF APPROVALS", TO CLARIFY TIMEFRAMES
FOR DEVELOPMENT APPROVALS; 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 January 23, 2006
and voted 7 to 0 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 determined 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 FOLLOWS:
Section 1. That Section 2.4.4, "General Procedures Pertaining to Approval of
Land Use and Development Applications", Subsection 2.4.4(E), "Expiration of
Approvals", of the Land Development Regulations of the Code of Ordinances of the City
of Delray Beach, Florida, be and the same is hereby amended to read as follows:
(E) Expiration of Approvals:
(1) Prior Approvals: Any development application approved prior to the
adoption of these Land Development Regulations shall be handled pursuant to Section
1.2.2.
(2) Conditional Uses. Site Plans, Landscapina Plans, Architectural Plans,
Preliminary Subdivision Plats: All development approvals, includinq The f-oIlO\\'ing
shall apply to unexpired development approvals that have not been previously extended
and nO'.\' development applications submitted prior to March 15, 2005 and to new
development applications submitted after March 15, 2005. Development approvals shall
be valid for a period of twenty-four (24) months, unless a different period is specifically
stated. in conditions of approval. Ouring this approval period, the project shall be
established pursuant to 2.4.4(0). This section shall not apply to extensions of
development approvals. Extensions shall be governed by Section 2.4.4(F); provided,
however an extension granted under 2.4.4(F) (4) shall not be considered a previous
extension under this section. If the proiect is not established within the 24 months, as
defined by LOR Section 2.4.4(0) an extension may be requested pursuant to LOR
Section 2.4.4(F). Approved plans that have not been established within the 24 month
period shall not have their approval date extended if a Class I. II. and III site plan
modification or minor Conditional use modification is submitted durina the 24 month
period. However. if a Class IV site plan modification or maior conditional use
modification is submitted and approved durina the 24 month period, this approval shall
be considered a new approval and extend the development approval date for an
additional 24 month period from the date the Class IV site plan modification or maior
conditional use modification was approved.
(3) Certificates of Appropriateness. Relief from Parkina Reauirements.
Waivers. and Adiustments: and similar approvals which are associated with a specific
development application shall remain valid for the same period as said development
application. These approvals do not run with the land nor are they transferable to
another development proposal.
(4) Abandonments. Final Plats. Variances: are final actions which run with
the land.
(a) Once approved by the City Commission, the final plat must be
recorded within eighteen (18) months. If the final plat is not
recorded within eighteen (18) months, the approval expires.
(b) A final plat may be vacated by action of the City Commission [See
Section 2.4.5(L)].
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.
Section 3. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
2
ORD. NO. 11-06
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 ,200_
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
3
ORD. NO. 11-06
MEETING DATE:
JANUARY 23, 2006
AGENDA NO.:
III. F.
AGENDA ITEM:
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS SECTION 2.4.4 (E) (2) TO CLARIFY
TIMEFRAMES FOR DEVELOPMENT APPROVALS.
The item before the Board is that of making a recommendation to the City Commission
regarding a City-initiated amendment to the Land Development Regulations Section 2.4.4(E) (2)
clarifying timeframes for development approvals.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
The City-initiated amendment to the Land Development Regulations is being processed to
clarify that initial approvals for Site Plans, Conditional Use approvals, landscape plans,
architectural plans, and preliminary subdivision plats are valid for 24 months. Further, that if
Class I, II, and III site plan modifications or minor conditional use modifications are made to the
approved plans before they are considered established by LOR Section 2.4.4 (D), (between
25% - 100% of construction completed by the approval expiration date), the modification
approvals do not extend the expiration date of the original approval. The amendment does
clarify that if a Class IV site plan modifications or major conditional use modifications are made
to the approved plans before they are considered established the approval would modify the
original approval date an additional 24 months.
Section 2.4.4. (E)(2) is to be amended as follows:
(2) Conditional Uses, Site Plans, LandscapinQ Plans, Architectural Plans,
Preliminary Subdivision Plats: All development approvals, includinq The following sh311 3pply
te unexpired development approvals that have not been previously extended 3nd ne'N
development appliC3tions submitted prior to March 15, 2005 and to ne'll development
appliC3tions submitted after March 15, 2005. Developmont 3pprovals shall be valid for a period
of twenty-four (24) months, unless a different period is specifically stated. in conditions of
appro'-'\3I. During this approval period, the project shall be established pursuant to 2.4.4(0).
This section shall not apply to extensions of development approvals. Extensions shall be
governed by Section 2.4.4(F); provided, however an extension granted under 2.4.4(F) (4) shall
not be considered a previous extension under this section. If the proiect is not established
within the 24 months. as defined by LOR Section 2.4.4(0) an extension may be requested
III. F.
Planning and Zoning Board Memorandum Staff Report, January 23, 2006
Amendment to LOR Section 2.4.4 (E) (2)
,
,;;
ursuant to LDR Section 2.4.4 F. Class I II and III site Ian modifications or minor
Conditional use modifications of approved plans that have not been established, as defined b~
LDR Section 2.4.4 (D will not extend the ori inal develo ment a roval date. Class IV site
Ian modifications and ma'or conditional use modifications of a roved lans that have not
been established will be considered a new approval and extend the development approval date
for an additional 24 months.
The clarification is being recommended to address an applicant's recent assertion that an
intervening Class III site plan modification automatically extended a Class V site plan approval
that was nearing its expiration date. The Class III site plan modification findings differ from
those required of a Class V extension. The Class III findings are that the proposed changes do
not significantly affect the originally approve~ plan, while the extension request requires the
project to be evaluated pursuant to the Land Development Regulations in effect at the time of
. consideration of the extension request and requires compliance with such current requirements.
LOR Section 2.4.5(M)(5) (FindinQs): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in
addition to LOR Section 1.1.6(A), the City Commission must make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
The Goals, Objectives and Policies of the City's Comprehensive Plan were reviewed and no
specific goals objectives or policies were found. The amendment is corrective in nature and
while the amendment does not further any specific Goal, Policy or Objectives of the
Comprehensive Plan it is not inconsistent with them.
Courtesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
· Progressive Residents of Delray (PROD)
· President's Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board
meeting.
The CitY initiated amendment to LOR Section 2.4.4. (E)(2) is corrective in nature and is being
proposed to clear up any confusion with respect to initial approval time periods and the status
given to intervening site plan modifications to development approvals that have not been
established pursuant to LOR Section 2.4.4 (0). The proposed amendment is consistent with
the Goals, Objectives and Policies of the Comprehensive Plan and does not diminish them.
2
Planning and Zoning Board Memorandum Staff Report, January 23, 2006
Amendment to LOR Section 2.4.4 (E) (2)
"
Move to recommend to the City Commission approval of the amendment to Land Development
Regulations Section 2.4.4(E) (2) Expirations of Approvals -Conditional Uses, Site Plans,
Landscape Plans, Architectural Plans by adopting the findings of fact and law contained in the
staff report and finding that the request is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
Attachments:
. Proposed LOR Amendment
3
ec
Cav-~ 1~'Ljn-L
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMENDMENT TO
THE LAND DEVELOPMENT
REGULATIONS SECTION 2.4.4 GENERAL
PROCEDURES PERTAINING TO
APPROVAL OF LAND USE AND
DEVELOPMENT APPLICATIONS",
SUBSECTION 2.4.4(E), "EXPIRATION OF
APPROVALS" TO CLARIFY TIMEFRAMES
FOR DEVELOPMENT APPROVALS
The City Commission of the City of Delray Beach, Florida, proposes to adopt
the following ordinance:
ORDINANCE NO. 11-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DElRAY
BEACH. FLORIDA, AMENDING THE LAND DEVElOPMENT REGULATIONS OF
THE CODE OF ORDINANCES, BY AMENDING SECTION 2.4.4. "GENERAL
PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND DEVELOp.
MENT APPLICATIONS:, SUBSECTION 2.4.4(E), "EXPIRATION OF
APPROVALS", TO CLARIFY TIMEFRAMES FOR DEVELOPMENT APPROVALS;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the purpose of
accepting publiC testimony regarding the proposed ordinance. The first Public
Hearing will be held on MQtiQAY._M.ABC.!::tGL~~AL7;!XLP...M, in the
Commission Chambers at City Hall, 100 NW. 1st Avenue, Delray Beach.
Florida. If the proposed ordinance is passed on first reading, a second Public
Hearing will be held on I!J.~Y. MARCH~,-,~T 7;Q9..BM. (or at any
continuation of such meeting which is set by the Commission) in the
Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray Beach,
Florida.
All interested citizens are invited to attend the public hearings and comment
upon the proposed ordinance or submit their comments in writing on or before
the date of these hearings to the Planning and Zoning Department. For further
information or to obtain a copy of the proposed"ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.w. 1st Avenue, Delray
Beach, Florida 33444 (email atpzmail@mydelraybeach.com) or by calling
561/243-7040), between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday, excluding holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECI-
SION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER
CONSIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE
THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE
UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PRO-
VIDE NOR PREPARE SUCH RECORD PURSUANT TO ES. 286.0105.
CITY OF DElRAY BEACH
Chevelle D. Nubin
City Clerk
PUBLISH:
Monday, February 27, 2006
Thursday, March 16, 2006
Boca Raton/Delray Beach News
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