50-97 ORDINANCE NO. 50-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(K),
"FEES", OF THE LAND DEVELOPMENT REGULATIONS OF THE
CITY OF DELRAY BEACH, BY INCREASING LAND
DEVELOPMENT FEES AND ESTABLISHING NEW FEES;
AMENDING SECTION 2.4.5, "PROCEDURES FOR OBTAINING
DEVELOPMENT APPROVALS", BY AMENDING THE NAME AND
DEFINITIONS FOR SITE AND DEVELOPMENT PLANS;
ENACTING A NEW SECTION 2.4.5(M), "AMENDMENT TO THE
LAND DEVELOPMENT REGULATIONS", TO PROVIDE FOR A
PROCEDURE TO AMEND SAID LAND DEVELOPMENT
REGULATIONS; ADDING SUBSECTION (N), "DETERMINATION
OF SIMILARITY OF USE", TO SECTION 2.4.5; DELETING
SUBSECTION (Q), "DETERMINATION OF SIMILARITY OF
USE", FROM SECTION 2.4.6, "PROCEDURES FOR OBTAINING
PERMITS AND APPROVALS"; AMENDING SECTION 2.4.7,
"PROCEDURES FOR OBTAINING RELIEF FROM COMPLIANCE
WITH PORTIONS OF THE LDRS" BY PROVIDING FOR A
PROCESSING FEE; AMENDING SECTION 1.1.6,
"AMENDMENTS", TO REFERENCE THE PROCEDURE AT SECTION
2.4.5(M); AMENDING THE TABLE OF CONTENTS; 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 proposed text amendments at a public
hearing on October 20, 1997, and forwarded the changes 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 changes are not inconsistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same are hereby amended as
set forth in Exhibit "A" attached hereto and made a part hereof.
Section 2. That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
Section 3. 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 4. That this ordinance shall become effective
immediately upon its passage on second and final reading.
PASSED MD ~OPTED in regular session on second and final
reading on this the 18th day of November , 1997.
ATTEST:
J City ~Serk -
First Reading Nove~er 4, 1997
Second Reading November 18, 1997
- 2 - Ord. No. 50-97
Exhibit "A" to Ordinance No. 50-97
AMENDMENT TO SECTION 2.4.3 (K)
(K) Fees: Processing fees shall be collected for development applications.
The fees shall be as established herein and as modified by ordinance of the City
Commission. [Amd. Ord. 46-95 915195]
(1) Development Applications: The following fees shall be charged
for development applications. All fees are cumulative and separate unless otherwise
indicated. Combined applications shall provide multiple fees.
(a) Comprehensive Plan Amendment $ 2,000
(b) Review of a ADA/DRI $ !,OO0 3.000
Modification of a DRI .$. 1.000
(c) Voluntary Annexation with Zoning $ 1,000
(d) Rezoning of Land $ 800 1.200
(e) Modification of a SAD Ordinance to add a use or $ 46~ 1.200
uses
(f) Conditional Uses, New application $ 450 900
Modification requiring Board Review $ 200 500
(g) Master Plans $ 500 (!) 1.000 1L~
Master Plan Modification (5)
(h) Formal review of a Sketch Plan [Section 2.4.1(B)] $ 500
Similarity_ of Use .$. 250
(j) Site Plan Review: ~'' ....... ,,.~,;,,., ~;,,,,-~,,~,~o · ~;nn/.~
,-~-- ~-p,,,~-,~,, %,,,~,~ ~ ~v % ,1
Mcd!ficaticn with Adm!ni:trativ= R:view $ 50
Class I (Nomlmpacting Modification) ~ 50
Class II (Non-lmDacting w~h Board Review) ~ 150
Class III (Minor Modification) $ 400 (1)
Class IV (Major Modification) ~ 750 ~1)
Class V (New Submission;, ~ 1.000 (1)
Page 1 of 10
(k) Extension requests for a previously approved $ 500
conditional use or site plan (only one fee is
required if both items are being extended for one
project)
(I) Plats
~ .... ,~,,, D~.,* ,-,, Minor Subdivision $ -~nn 750 (1)
Major SubdMs~on ~ 1,500 (1)
Plat Recording Fee [Amd. Ord. 46-95 9/5195] ~
(m) Abandonments
Right-of-way $ 500
General Easements $ 200 30.0
Specific Easements $ 50 150
(n) Master Sign Program $ 100
(o) Variance through the Board of Adjustment or the
Historic Preservation Board $ 150
(p) Formal interpretation by the Board of Adjustment $ 25
(q) Certificate of Appropriateness by Board $ 25 (2)
(r) Certificate of Appropriateness by Administrator $ -0-
(s) Request for Historic Designation $ 25
(t) Hearing before the Board of Construction Appeals $ 25
(per item)
(u) Temporary Use Request involving City Commission $ 100
action
(v) Water Service Agreement Request
- - without concurrent site plan $ 100
- - with concurrent site plan $ -0-
Exhibit "A" to Ordinance No. 50-97 Page 2 of 10
(w) Land Development Regulations Text Change ~. 500
~ Waivers and Internal Ad!ustments $ 100 per request (6_)
$ 200 per rea. uest (7)
J.y_.)Appeals by Applicant $ 200 (8)
/7,3 Re-advertising- (9)
(aa) Zoning Verification Letter $ 50
NOTES:
(1) Plus an additional fee of $100 per acre, or any fraction thereof, beginning
at 5.0! 3.01 acres, up to a maximum of $3,000 per project.
(2) This fee shall be credited against any other processing fee which may be
applicable to the request.
(3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or
as modified from time to time by Palm Beach County, payable to Palm
Beach County. [Amd. Ord. 46-95 915195]
Fee may be waived by the City Manager. for properties that have already
been developed, or for sites under one (~1) acre in size.
(,5) Same fee that would apply for site plan modification.
(6) For requests made during the site plan / master plan review process.
For reauests made subseauent to the site plan / master plan review
process.
(8) Includes appeals of both administrative decisions and Board actions.
(9) Advertising costs.
Exhibit "A" to Ordinance No. 50-97 Page 3 of 10
AMENDMENTS TO LDR SECTION 2.4.5
Section 2.4.5 (F) Site and Development and Master Development Plans (MDP):
(1) Rule: The P!=nn!n?~ and Zcn!n~ Board or Site and development
plans are divided into five (5) classifications. Class I - Class IV are modifications to site
and development plans and are further described in Section 2.4.5(G). tThe Site Plan
Review and Appearance Board, or the Historic Preservation Board, as applicable, may
approve, approve subject to conditions or deny a Class V site and development plan. A
Class V Site and Development Plan is described as follows:
Class v: New application for development of vacant land,
or for modification of a developed property when no valid
site plan of record exists and which requires full review of
Performance Standards found in Section 3.1.1.
(2) Required Information: The following information must be
presented in a site and development plan or a Master Development Plan submittal:
* Standard Application items pursuant to 2.4.3(A);
* Standard Plan Items pursuant to 2.4.3(B);
* Standard Landscaping Plan Items pursuant to 2.4.3(C):
* Preliminary Engineering Plans pursuant to 2.4.3(D);
* Traffic Statement Study, Report pursuant to 2.4.3(E);
* Standard Architectural Elevation Items pursuant to 2.4.3(G);
'" add!rich, ¢ ....... ;*" "'""' which ;-' *" ~"- '-"*'-'~ '-,, by
DI,-~. D~,,; ...... ri ^ .........--[~"""~,. "' *~'~ ";"+"';" Preservation Board
(6) Master Development Plans, Special Provisions: A Master
Development Plan (MDP) shall be approved b.v the Planning and Zoning Board. A
MDP shall be the guide for any subsequent site plan or subdivision action. A site plan
shall be required for any phase or the entire area encompassed by a MDP. Individual
site plans shall be processed pursuant to Section 2.4.5(G), (H), (I) with approval
authority of the Site Plan Review and Appearance Board.
Exhibit "A" to Ordinance No. 50-97 Page 4 of 10
Section 2.4.5 (G) Modifications to Site and Development Plans
(1) Rule: No change or modification shall be made to an approved
site specific development plan or a Master Development Plan unless application
therefore has been made and the modification approved. Modifications to such plans
shall be classified as r""; ....*~""' '"; ....... ~"' 'r~, ....,~om,..~,;,.,,,c .~,,.,
desecit~ed~ follows:
h ......;~.:¢,~.+ !mpact upon
........ = ..................... concurrency; upon
(a) CLASS I: Approval of items listed in Section 2.4.5(_1)(1) such
as but not limited to: walls, fences, slabs, dumpster
enclosures, sheds, etc. which do not require Board review:
and changes in architectural elevations which require Board
review.
(b) CLASS I1: Approval of a modification to a site plan (other
than Class I applications) which requires no review of
Performance Standards found in Section 3,1.1, but which
reauires action by a Board.
/..c_)CLASS II1: A modification to the site plan which represents
either a change in intensity of use. or which affects the
spatial relationship among improvements on the land,
reauiring partial review of Performance Standards found in
Section 3.1.1.
Exhibit "A" to Ordinance 50-97 Page 5 of 10
(d) CLASS IV: A modification to a site plan which represents
either a significant change in the intensity of use or
significant changes which affect the spatial relationship
among improvements on the land. reauiring full review of
Performance Standards found in Section 3.1.1.
(2) Required Information: The following information, along with the
appropriate processing fee, must be presented with a request for a site and
development plan modification:
(al Non-!m-'_act!.-.:~; A I,`4+ ..... kb-.k ~,,`4'~', .F,',,Hk ('k ........ +,`,,,I
c,h,=qF~je~ Class I and I1: Completed Application along with
an exhibit showing that portion of the site plan which is to be
changed in its present condition and an exhibit depicting the
requested change.
(bi ~.'u~; .... v._,~*~"'~"'~,._,. Class Ill and IV: Completed Application,
and Re~.uired Information as applicable ~ pursuant to
2.4.3(A). (B). (C). (D). (F). and (13) shall be provided along
with a copy of the original site plan upon which the proposed
changes are depicted
(3) Procedure: A site and development plan modification shall be
processed as follows, pursuant to its eategeF~za-tJe~ classification:
(al ....,,mu""-;.... .... ...*;""'... . Class I and I1: Receipt. and acceptance of
the submittal, administrative review, and action by the
Director, or ~ appropriate review Board if
applicable.
(b) ~.'u';"""' Class III and IV: Receipt and acceptance of the
submittal, and action by the appropriate review Board.
Exhibit "A" to Ordinance No. 50-97 Page 6 of 10
Section 2.4.5 (M) Amendment to the Land Development Regulations
(1) Rule: Amendments to the Land Development Regulations may be
initiated by the City Commission, Planning and Zoning Board or City Administration; or
an individual may request an amendment pursuant to the following procedure.
~_) Required Information;
A formal letter of request which references the subject LDR
section and provides a rationale for the requested
amendment.
Draft of proposed ordinance including language to be
amended.
Analysis of the amendment and its potential impacts
including support documentation such as exhibits, graphs,
similar ordinances from other municipalities, etc.
dLd_) Processing fee pursuant to LDR Section 2.4.3 (K),
(3) Procedure: An amendment to the LDRs shall be processed
through the following sequence:
Receipt and certification as complete;
.Cb_).Consideration at a public hearing before the Planning and
Zoning Board:
Forwarding of a recommendation for approval to the City
Commission and consideration at first reading of the
enacting ordinance:
Public hearing before the City_ Commission and adoption or
re!ection at second reading.
(4) Conditions: The proposed language for the amendment to the
LDRs may be altered by the Planning and Zoning Board or the City. Commission
(5) Findings: In addition to provisions of Section 1.1.6(A). the City
Commission must make a finding that the text amendment is consistent with and
furthers the Goals. Ob!ectives and Policies of the Comprehensive Plan.
Exhibit "A" to Ordinance No. 50-97 Page 7 of 10
(6) Limitatiens of Amendments: Whenever the City Commission has
denied an application for an amendment to the Land Development Regulations. the City
Commission shall not thereafter consider any further application for the same type of
amendment for a period of twelve (12) months from the date of such action.
The time limits stated above may be waived by three (3) affirmative
votes of the City Commission when such action is found and deemed necessary_ to
prevent in!ustice or to facilitate the proper development of the City.. Further. the above
limitations shall not apply to a petition which expires during processing or during
processing or denied in a manner deemed as "without pre!udice".
MISCELLANEOUS AMENDMENTS
ADDING:
Section 2.4.5 (N) Determination of Similarity_ of Use:
1L~ Rule: A determination of Similarity of Use shall be made only by
the Planning and Zoning Board.
(2) Rea. uired Information: The appropriate processing fee along with
a letter in which:
(a) The requested use is identified and described;
(b) The appropriate zoning designation is identified;
(C) Rationale is provided as to why the use should be deemed
similar to other uses already allowed in the identified zoning
district.
DELETING:
Exhibit "A" to Ordinance No. 50-97 Page 8 of 10
AMENDING:
Section 2.4.7:
(B) Waivers: A waiver involves the granting of total relief from a specific
development regulation.
(2) Required Information: The following information including the
appropriate processing fee must be provided in order for a waiver to be considered:
* A formal letter of request within which the regulation which is
to be waived, with reference to section number, is described
along with justification for granting the waiver.
(C) Adjustments:
(2) Required Information: The following information including the
appro.Driate processing fee must be provided in order for an adjustment to be
considered:
* A formal letter of request within which the affected
regulations, with reference to section number, are described
along with justification for granting of the adjustment.
(E) Appeals:
(2) Reo. uired Information: An appeal must be in writing, directed to
the City Clerk, and must provide the following information including the appropriate
processing fee:
* Identification of the action which is being appealed;
* Identification of who took the action and when it was made;
* The basis of the appeal;
* The relief being sought;
* The name of the appellant and the appellant's interest in the
matter
Exhibit "A" to Ordinance No. 50-97 Page 9 of 10
Section 1.1.6 Amendments:
(A) The text of these Land Development Regulations may from time to time
be amended, changed, supplemented, or repealed. No such action however, shall be
taken until a recommendation is obtained from the Planning and Zoning Board and until
a public hearing has been held by the City Commission. Any such change shall be
made by ordinance, pursuant to procedures found in LDR Section 2.4.§(M).
Table of Contents:
2.4.5 Procedures for Obtaining Development and Use Approvals
(F) Site and Development and Master Development Plans
(M) Amendments to the Land Development Regulations
(N) Determination of Similarity of Use (1) Rule
(2) Reo. uired Information
(3) Procedures
(4) Conditions
Findings
2.4.6 Procedures for Obtaining Permits and Approvals
Exhibit "A" to Ordinance No. 50-97 Page 10 of 10
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~/~!
SUBJECT: AGENDA ITEM #/D'~ - REGULAR MEETING OF NOVEMBER 18, 1997
ORDINANCE NO. 50-97 (INCREASED LAND DEVELOPMENT FEES AND
ASSOCIATED LDR AMENDMENTS)
DATE: NOVEMBER 12, 1997
This is second reading and a public hearing for Ordinance No. 50-97
which amends the Land Development Regulations by increasing the fees
for land development applications and establishing new fees for
certain actions for which there is currently no charge. Associated
changes include creating different categories of site plan actions
with corresponding fees, as well as enacting a formal procedure for
amending the LDRs.
The City Commission reviewed the proposed increase in fees at the
September 16th workshop. It was the consensus at that time for staff
to proceed with the necessary amendments.
The Planning and Zoning Board considered the amendments at a public
hearing on October 20, 1997, and voted 5 to 0 to recommend approval.
At first reading on November 4th, the Commission passed the ordinance
by unanimous vote.
Recommend approval of Ordinance No. 50-97 on second and final
reading.
ref:agmemol5
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM #/~.~ REGULAR MEETING OF NOVEMBER 4, 1997
ORDINANCE NO. 50-97 (INCREASED LAND DEVELOPMENT FEES AND
ASSOCIATED LDR AMENDMENTS)
DATE: OCTOBER 31, 1997
This is first reading for Ordinance No. 50-97 which amends the Land
Development Regulations by increasing the fees for land development
applications and establishing new fees for certain actions for which
there is currently no charge. Associated changes include creating
different categories of site plan actions with corresponding fees, as
well as enacting a formal procedure for amending the LDRs.
The City Commission reviewed the proposed increase in fees at the
September 16th workshop. It was the consensus at that time for staff
to proceed with the necessary amendments.
The Planning and Zoning Board considered the amendments at a public
hearing on October 20, 1997, and voted 5 to 0 to recommend approval.
Recommend approval of Ordinance No. 50-97 on first reading. If
passed, a public hearing will be scheduled for November 18, 1997.
ref:agmemol5
TO: DAVID T. HARDEN
CITY MANAGER
THRU: DIANE DOMINGUEZ, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
FROM: JA~IET MEEKS, SENIOR PLANNER
SUBJECT: MEETING OF NOVEMBER 4, 1997
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS)
INCREASING LAND DEVELOPMENT FEES, ESTABLISHMENT OF
NEW FEES. AMENDING THE NAME AND DEFINITIONS FOR SITE
AND DEVELOPMENT PLANS. ESTABLISHING A PROCEDURE FOR
AMENDMENTS TO THE LDRS. AND MISCELLANEOUS
AMENDMENTS TO RELATED SECTIONS
The item before the Commission is approval of LDR amendments pertaining to the
increase in land development fees, establishing a process for amendments to the
LDRs, establishing new names and definitions for site plans and site plan modifications,
and amendments to miscellaneous related sections. The amendments affect the
following sections of the Land Development Regulations: 2.4.3(K) Fees; 2.4.5
Procedures for Obtaining Development Approvals; 2.4.6 Procedures for Obtaining
Permits and A.D0rovals; 2.4.7 Procedures for Obtaining Relief from ComDliance with
Portions of the LDRS; 1.1.6 Amendments; and Table of Contents.
The Planning and Zoning Department recently completed a review of fees charged for
rezonings, site plans, conditional uses, plats, and other land use actions processed by
the department. These fees have not been changed since 1990, when the Land
Development Regulations were updated for consistency with the 1989 Comprehensive
Plan. The fee schedule study included an assessment of the average staff hours spent
on each type of application, and a survey of fees charged by other municipalities in the
area. Based on this review, a significant increase in fees is supported. The changes to
the LDRS have been drafted and are now before the City Commission for approval.
City Commission Documentation
Meeting of November 4, 1997
Fees - LDR Text Amendment
Page 2
The Planning and Zoning Board considered the amendment at a public hearing on
October 20, 1997. No one from the public spoke in favor or opposition to the changes,
and the Board voted 5-0 (Carbone and Bird absent) to recommend to the City
Commission approval of the proposed LDR amendments.
By motion, approve on the first reading text amendments to the LDRs adding Sections
2.4.5 (M) Amendment to the Land Development Regulations. and Section 2.4.5 (N)
Determination of Similarity. of Use; deleting Section 2.4.6(Q) Determination of Similarity
of Use: and amending Sections 2.4.3 Fees, 2.4.5 Procedures for Obtaining
Development Approvals, 2.4.7 ,Procedures for Obtaining Relief from Compliance with
Portions of the LDRS. 1.1.6 Amendments. and Table of Contents, and setting a public
hearing date of November 18, 1997.
Attachments:
· P&Z Staff Report and Documentation of October 20, 1997
· Ordinance by Others
A PUBLIC HF,.,A~ING ~ be befd ee t EO OH TNE EAST ~dDE OF ~XIE
~ ~ ~ ~ ~ ~ HIGHWAY APRROXm~TELY
~:~ P~. m ~T~ ~ ~ FEET ~UTH ~ ~ ~T AVENUE,
~ ~ (~ ~ ~y ~m~f~ ~ J ~ ~RE PARTICU~RLY
~], ~ ~ C~ ~ ~ ~1~ ~P ~ DELRAY BEACH,
~m~, ~ NW I~ Av~, ~1 j F~R~DA, ~?; PROVIDING A
C~ ~mi~ ~ll ~ i~ ~VING C~USE, AND AN
~ ~ ~ ~ I'~ a.m ~ 5:~ -~ ~DINANCE ~ THE CiTY
~.m., ~y ~ Fray. e~ ~ISSION OF THE CITY OF OELRAY
~ A~ ~ ~n~ ~ ~- I~CH, FLORID~ ~ENDING SEC-
~ e ~ ~ ~ ~d wl~ r~ ~ 2~(K), ~EES, OF THE ~ND
. THE CITY OF OELRAY lEACH,
~4~ ' INCREASING ~ND DEVELOP.
MEN1 FEES ~ND ES?kBLtSHtNG
~ ~DINANCE OF THE C(~ ~ ~W FEES; ~ENDI~ SECTION
~ISSI~ ~ THE CI~ OF OELRAY ~ ~A~. ~R~EDURES FOR OBTAIN.
BEACH, FLORID~ REZ~ING AND J lNG ~VELOPMENT AP~OVALS',
P~ING ~ND PRESENTLY i ~Y ~ENDI~ T~ N~E ~D
Z~ED RL {L~ ~NSlTY RESI- i ~FIKITIONS FOR S~TE ~O DE*
~NtzA~ UN~TS PER ACRE) ~ V~OP~ENT P~NS; E~CTING A
DISTRICT IN THE R~ (MEDIU~ ~ NEW SECTION ~(M~,
PER ACRE) D~STRICT: SAID ~ND I ~LOPMENT REGU~TIO~, TO
BEING C~ONLY KNOWN AS A I~OVIDE FOR A PR~DURE
~TI~ OF THE YAKE PROPER. :.~ND ~ID ~ND ~VELOP-
~ L~ATED APPROXI~TELY ~ ~NT REGU~IT~5; A~ING
FEET ~T ~ U~ HIGH,AY I1. ~B~CTION
~RTH ~ DENERY ~NE, ~UTH ~TER~INATION ~ SI~I~RITY
~ ~YAL PA~ ~UL~ARO, ~ USE', TO SECTION 2.4.$; DELET-
eD {~EDiATELY WES~ ~ AND '~ SUBSECTION
ADJACENT TO THE INTRACOASTAL ~E~INATI~ ~
WATERWAY, AS ~RE PARTICU ~ ~, FR~ ~CTION 2,4.~.
~R~Y ~RIBED HEREIN. ~R~RES ~ ~TAINING
~ENDING ~ING ~P ~ DEL- ' ~RMITS AND APPROVALS;
RA~ lEACh, FLORIO~. ~ PPG ~ENDtNG ~CTl~
VIDING A GENERAL REPEALER . ~R~EDURES ~R ~TAINING
~USE, A ~VING C~USE. ~D ] ~LIEF FR~ C~PLIA~E WITH
~ EFFECTI~ DATE.~ ~TIONS OF ~ LDR~,
VIDING FOR A ~ESSING FEE;
~EN~ENT~, TO REFERENCE
AN ~OINANCE ~ THE CI~ C~- ' ~E PR~EDURE AT SECTION
~ISS~N ~ THE CITY ~ ~L~AY I 1.4~IM); ~ENDING THE TABLE
~CH, FLORI~ ~SIG~TING J~ ~ENTS, PEOVJDI~ A GE~
PARTICU~Y ~RIBED
J~TE.
· ~RE(N, ~ A ~L HISTORIC ~ ·
SITE TO BE LISTED IN THE L~AL ~-~ ~ ~ ~ ff a
REGISTER ~ HISTORIC ~CES; I ~ ~ ~al ~ ~
~OVIDING P~ THE ~EN~ ] ~ ~ ~m~ ~ r~
MENT ~ THE ~ ~P ~ I ~ ~ ~ ~ ~s ~.
~LRAY ~CH, F~I~, ~ [ ~ ~ Mil ~ I ~
TO S~W THE HISTORIC ~SIGNA. ~ ~, ~ ~ ~ ~
TI~ IN AN OVERLY ~NNER; · ~ ~y ~ ~ ~e ~
PROViDiNG A GENERAL REPEAL- ; ~ ~ ~ ~
.D~ EFFECTIVE DATE. . ,, ~. ~ ~, ~
AN ORDINANCE ~ ~E~fTY ~ ~ ~ ~ ~L~Y BEACH
~1~1~ OF THE CI~ ~ ~LRAY '.; - ·
'~CH, F~t~ R~ING kgO '"
~C~NG ~ND ~ESENTLY
~NED ~ (GENERAL C~ER
~) DISTR~CT IN THE AC ~ ~ ~ _ ~ . .....
~UT~OTIVE ~ERCIAL~ D~
CITY OF DELRAY BEACH, FLORIDA NOTICE OF PUBLIC HEARIN~
A PUBLIC HEARING will be held on the following proposed
ordinances at 7:00 P.M. on TUESDAYt NOVEMBER 18, 1997
(or at any continuation of such meeting which is set by the
Commission), in the City Commission Chambers, 100 N.W. 1st
Avenue, Delray Beach, Florida, at which time the City Commission
will consider their adoption. The proposed ordinances may be
inspected at the Office of the City Clerk at City Hall, 100 N.W.
1st Avenue, Delray Beach, Florida, between the hours of 8:00 a.m.
to 5:00 p.m., Monday through Friday, except holidays. Ail
interested parties are invited to attend and be heard with
respect to the proposed ordinances.
ORDINANCE NO. 47-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RL {LOW
DENSITY RESIDENTIAL/3-6 UNITS PER ACRE) DISTRICT IN THE RM-8
(MEDIUM DENSITY RESIDENTIAL/5-8 UNITS PER ACRE) DISTRICT; SAID
LAND BEING COMMONLY KNOWN AS A PORTION OF THE YAKE PROPERTY
LOCATED APPROXIMATELY 850 FEET EAST OF U.S. HIGHWAY #1, NORTH OF
DENERY LANE, SOUTH OF ROYAL PALM BOULEVARD, AND IMMEDIATELY WEST
OF AND ADJACENT TO THE INTRACOASTAL WATERWAY, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 46-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, DESIGNATING THE TURNER HOUSE LOCATED AT 145 N.E. 6TH
AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL
HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC
PLACES; PROVIDING FOR THE AMENDMENT OF THE "ZONING MAP OF DELRAY
BEACH,-- FLORIDA, 1994" TO SHOW THE HISTORIC DESIGNATION IN AN
OVERLAY MANNER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 48-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL
COMMERCIAL) DISTRICT IN THE AC (AUTOMOTIVE COMMERCIAL) DISTRICT;
SAID LAND BEING LOCATED ON THE EAST SIDE OF DIXIE HIGHWAY
APPROXIMATELY 170 FEET SOUTH OF LA MAT AVENUE, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY
BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
ORDINANCE NO. 50-97
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,
FLORIDA, AMENDING SECTION 2.4.3(K), "FEES", OF THE LAND -
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY
INCREASING LAND DEVELOPMENT FEES AND ESTABLISHING NEW FEES;
AMENDING SECTION 2.4.5, "PROCEDURES FOR OBTAINING DEVELOPMENT
APPROVALS", BY AMENDING THE NAME AND DEFINITIONS FOR SITE AND
DEVELOPMENT PLANS; ENACTING A NEW SECTION 2.4.5(M), "AMENDMENT TO
THE LAND DEVELOPMENT REGULATIONS", TO PROVIDE FOR A PROCEDURE TO
AMEND SAID LAND DEVELOPMENT REGULATIONS; ADDING SUBSECTION (N),
"DETERMINATION OF SIMILARITY OF USE", TO SECTION 2.4.5; DELETING
SUBSECTION (Q), "DETERMINATION OF SIMILARITY OF USE", FROM
SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS AND APPROVALS";
AMENDING SECTION 2.4.7, "PROCEDURES FOR OBTAINING RELIEF FROM
COMPLIANCE WITH PORTIONS OF THE LDRS", BY PROVIDING FOR A
PROCESSING FEE; AMENDING SECTION 1.1.6, "AMENDMENTS", TO
REFERENCE THE PROCEDURE AT SECTION 2.4.5(M); AMENDING THE TABLE
OF CONTENTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
Please be advised that if a person decides to appeal any decision
made by the City Commission with respect to any matter considered
at this hearing, such person will need a record of these
proceedings, and for this purpose 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 provide or
prepare such record. Pursuant to F.S. 286.0105.
PUBLISH: Delray Beach News CITY OF DELRAY BEACH
November 7, 1997 Alison MacGregor Harry
City Clerk
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Instructions to the Newspaper:
This is a standard legal advertisement to be published in the
legal/classified section of the newspaper. There are no special
requirements. Thank you.
MEETING OF: OCTOBER 20, 1997
AGENDA ITEM: V.E. AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS (LDRS) INCREASING LAND DEVELOPMENT
FEES. ESTABLISHMENT OF NEW FEES. AMENDING THE
NAME AND DEFINITIONS FOR SITE AND DEVELOPMENT
PLANS. ESTABLISHING A PROCEDURE FOR AMENDMENTS
TO THE LDRS. AND MISCELLANEOUS AMENDMENTS TO
RELATED SECTIONS
The item before the Board is the adoption of LDR amendments pertaining to the
increase in land development fees, establishing a process for amendments to the
LDRs, establishing new names and definitions for site plans and site plan modifications,
and amendments to miscellaneous related sections. The amendments affect the
following sections of the Land Development Regulations: 2.4.3(K) Fees; 2.4.5
Procedures for Obtaining Development Approvals; 2.4.6 Procedures for Obtaining
Permits and Approvals; 2.4.7 Procedures for Obtaining Relief from Compliance with
Portions of the LDRS; 1.1.6 Amendments; and Table of Contents.
The Planning and Zoning Department recently completed a review of fees charged for
rezonings, site plans, conditional uses, plats, and other land use actions processed by
the department. These fees have not been changed since 1990, when the Land
Development Regulations were updated for consistency with the 1989 Comprehensive
Plan. Since that time, personnel costs have risen (an average of 3-4% per year), and
several steps have been added to the application review process in order to meet the
requirements involved in holding quasi-judicial hearings. Further, the cost of advertising
land use actions in the local newspaper has increased.
The fee schedule study included an assessment of the average staff hours spent on
each type of application, and a survey of fees charged by other municipalities in the
area. Based on this review, a significant increase in fees is supported. It would also be
appropriate to charge fees for certain actions for which there is currently no charge.
These would include Similarity of Use Determinations, requests to amend the Land
Development Regulations, requests for Waivers and Adjustments, Appeals of
Administrative actions and Board decisions, and Zoning Verification Letters (typically
requested with real estate closings). The attached Appendix A consists of a table which
analyzes the City's current fees versus the proposed fees. Appendix B is survey of our
fees compared to those of other municipalities.
P&Z Board Memorandum Staff Report
Amendments to the Land Development Regulations
Page 2
The Planning and Zoning Board reviewed the proposed fees at their September 8th
workshop meeting, and were supportive subject to some minor changes which have
been incorporated into the proposed ordinance. In addition, the City Commission
reviewed the proposed fees at their September 11th workshop meeting and were also
supportive of the proposed increase in fees. The changes to the LDRS have been
drafted and are now before the Planning and Zoning Board for review and
recommendation.
Section 2.4.3 (K) Fees:
The current amendment increases the fees in Section 2.4.3(K) Fees. for existing land
use processes, as well as establishing new fees.
The survey of fees charged by other municipalities revealed that most cities charge for
Similarity of Use Determinations as well as requests for such items as: amendments to
the Land Development Regulations, waivers and adjustments, appeals of administrative
actions and Board decisions, and zoning verification letters. Based on the growing
number of these requests, and the fact that most of the requests require in-depth
research and/or staff reports with Board action, it is appropriate to charge fees for these
applications.
Section 2.4.5 Procedures for Obtaining Development A_oprovals:
There are currently three types of site plan modification actions and two fees: Non-
impacting ($50), Minor ($500), and Major (includes most new applications) ($500). In
reality, the types of site plans and site plan modifications received vary widely, as does
the time involved in processing them. The names i.e. non-impacting, minor and major
modifications have also been somewhat of a problem based on the connotation of their
meanings, and the definitions provided for each are unclear as well.
The current amendment provides for five different levels of site plan review: new
applications, and four different types of modifications. The modifications have been
divided into five Classes (Class I - Class V). The Classes and associated fees
correspond with the degree or level in which they must be reviewed. The level of
review is based upon the Performance Standards found in Section 3.1.1 (i.e.
Consistency with the Future Land Use Map and Comprehensive Plan, Concurrency,
and Compliance with the Land Development Regulations), and whether or not Board
approval is required. As a result of these changes, new definitions for the Classes have
been created [REF: Section 2.4.5 (F) and (G)].
P&Z Board Memorandum Staff Report
Amendments to the Land Development Regulations
Page 3
Other amendments being proposed to the LDRS as a result of this study include
establishing a formal procedure for amending the LDRs which is similar to other
procedures found in this section [REF: Section 2.4.5(M)], relocating Determination of
Similarity of Use from Section 2.4.6(Q) to Section 2.4.5(N), changing the name of
Section 2.4.5 from Procedures for Obtaining Development Approvals to Procedures for
Obtaining Development and Use Approvals, and changing the name of Section
2.4.5(F) from Site and Development Plan to Site and Deve/opment and Master
Develo.Dment Plans.
Section 2.4.7 Procedures for Obtaining Relief from Compliance with Portions of
the Land Development Regulations:
The amendment being proposed to this Section is the addition of the processing fee as
a required item for waivers, adjustments, and appeals of Administrative actions and
Board decisions.
By Motion, recommend that the City Commission approve the amendments to the LDRs
adding Sections 2.4.5 (M) Amendment to the Land Development Regulations, and
Section 2.4.5 (N) Determination of Similarity of Use: deleting Section 2.4.6(Q)
Determination of Similarity of Use: and amending Sections 2.4.3 Fees, 2.4.5
Procedures for Obtaining Development Approvals, 2.4.7 Procedures for Obtaining
Relief from Compliance with Portions of the LDRS. 1.1.6 Amendments. and Table of
Contents.
Attachment:
* Proposed LDR Amendments