Ord 30-06
\,
)
ORDINANCE NO. 30-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, AMENDING SECTION 2.4.6, "PROCEDURES FOR
OBTAINING PERMITS AND APPROVALS", SUBSECTION 2.4.6(B) (4),
"CONDITIONS OF THE PERMIT", TO PROVIDE THAT PROPERTY IN
SINGLE FAMILY RESIDENTIAL DISTRICTS MAY ONLY BE ENTITLED
TO ONE EXTENSION FOR A BUILDING PERMIT; AMENDING SECTION
4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", BY ENACTING
SUBSECTIONS 4.4.3(1), "CONSTRUCTION SITE
CONDITIONS/RESTRICTIONS", AND SUBSECTION 4.4.30),
"VIOLATIONS OF 4.4.3(1)", TO PROVIDE FOR CONDITIONS AND
RESTRICTIONS FOR STRUCTURES THAT ARE UNDER GOING
CONSTRUCTION IN A SINGLE FAMILY RESIDENTIAL DISTRICT AND
TO PROVIDE FOR REMEDIES IF THOSE RESTRICTIONS ARE
VIOLATED; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS
CLAUSE AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 2.4.6, "Procedures for Obtaining Permits and Approvals", is
amended by amending Subsection 2.4.6(B)(4), "Conditions of the Permit", to read as follows:
(4) Conditions of the Permit:
(a) The Building Official shall act upon an application for a permit with plans as filed,
or as amended, without unreasonable or unnecessary delay. A permit issued shall
be construed to be a license to proceed with the work and shall not be construed
as authority to violate, cancel, alter or set aside any of the provisions of this code,
nor shall such issuance of a permit prevent the Building Official from thereafter
requiring a correction of errors in plans or in construction, or violations of this
code. Any permit issued shall become invalid (1) unless the work authorized shall
have been commenced within six months after its issuance, or (2) if the work
authorized by such permit is suspended or abandoned for a period of six months
after the time the work is commenced.
(b) One or more extensions of time, for periods not exceeding 90 days each, may be
allowed in writing by the Chief Building Official, pursuant to LDR Section
2.4.4(F). However. only one extension shall be allowed for any permits issued for
construction occurring in a single family district as set forth in Subsection 4.4.3(A).
All construction shall be completed within 18 months of issuance of the building
permit: unless evidence is presented that a shortage of materials or an Act of God
has caused the delay in which case the owner/contractor may request an extension
of time. from the Chief Building Official not to exceed 6 months. In addition to
the other penalties herein provided. failure to complete construction within the
time allotted or any extension thereof shall result in a penalty equivalent to one
hundred percent of the original building permit fee. which shall be paid prior to
the granting of a Certificate of Occupancy.
Section 2. That Section 4.4.3, "Single Family Residential (R-1) Districts", is amended by
enacting Subsection 4.4.3(1), "Construction Site Conditions/Restrictions" to read as follows:
(l) Construction Site Conditions/Restrictions: Any construction activity. other than
construction activity performed by the City or its agents and/or contractors. which requires a permit
from the City and which occurs in any of the 6 single family zoning districts listed under Subsection
4.4.3(A) shall adhere to all rules. reg.ulations. laws. policies of the City and in addition shall adhere to
the provisions set forth herein.
(1) Work Hours and the time that supplies/materials may be delivered shall be Monday
through Friday from 7:00 am to 6:00 pm. and Saturday from 8:00 am to 4:00 pm.
(2) Work is prohibited on Sundays and the following holidays: New Year's Day.
Memorial Day. July 4th. Labor Day. Thanksgiving Day and Christmas Day.
(3) A temporar.y trailer. building or storage shed shall be allowed on site from the time a
permit is issued and until the certificate of occupancy is granted. No more than one of these
trailers/structures/sheds shall be allowed on the site at the same time and the size (footprint) of the
trailer/structure/shed shall not exceed 10' x 12'.
(4) After submission of a construction permit application. if requested by the City. a silt
fence shall be installed around the entire perimeter of the property and maintained in a secure
operational manner. however part of the silt fence may be removed for site access.
(5) In the event of tropical storm or hurricane warnings the Applicant/Owner shall
empty all dumpsters. remove and/or secure all loose construction debris/materials and port-o-Iets.
and all roof tiles must be strapped or removed.
(6) Dumpsters shall be provided if the construction debris. and other debris on site. is of
such magnitude that the debris cannot be maintained in a safe or orderly manner on site. Dumpsters
containing construction debris shall be prompdy emptied when full. When full and waiting removal.
2
Ordinance No. 30-06
-'
the Applicant/Owner must cover the dumpster in an appropriate manner to prevent trash from
blowing into neighboring property. Construction materials that are to be used on the job site must
be stored in an orderly and neat manner or removed.
(7) To the extent feasible. provisions for storm water must be made during construction
to ensure that no water flows onto neighboring properties.
(8) Portable toilets are to be placed in as unobtrusive a location as possible. so as not to
affect neighboring property. and must be maintained in a neat. clean and sanitar.y condition.
(9) All construction activity must be confined to the property under construction.
(10) Construction parking should be on the job site when possible. In addition. parking
is limited to the same side of the street as the site and confined to the property boundaries when
possible. No parking is permitted within 25' of any intersection. The street must remain open for
vehicular travel at all times.
(11) All deliveries to the site must be placed on the construction site only. Third party
deliveries (deliveries by anyone other than the property owner) are prohibited on Sundays and the
following holidays: New Year's Day. Memorial Day. July 4th. Labor Day. Thanksgiving Day and
Christmas Day.
(12) Streets adjoining the project must be cleaned of construction debris and other trash
and debris and dirt on a daily basis. The Applicant/ Owner is responsible for protecting and
cleaning City drainage systems of construction dirt and debris. upon request from the City.
Section 3. That Section 4.4.3, "Single Family Residential (R-l) Districts", is amended by
enacting Subsection 4.4.30), ''Violations of 4.4.3(1)" to read as follows:
Q) Violations of 4.4.3(1): The City shall have any and all legal remedies available to it to
enforce Section 4.4.3()). including but not limited to. injunctive relief. issuance of a Notice to
Appear. issuance of a Code Enforcement Citation. issuance of a Stop Work Order and any other
penalty herein provided in the Code of Ordinances and the Land Development Reg.ulations and as
set forth in Section 10.99 of the Code of Ordinances.
Section 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, clause 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
hereof other than the part declared invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
3
Ordinance No. 30-06
Section 6.
final reading.
That this ordinance shall become effective upon its passage on second and
\~ASSED AND ~~ in regular session on second and final reading on this
the day of ---==s ' 2006.
~Rl~
ATTEST:
~~~~~.\J~~J
City Clerk
FirstReading It \~~c)\.o
Second Reading \ \ \ \\ \)l.,
\ "
4
Ordinance No. 30-06
MEMORANDUM
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGE~
AGENDA ITEM # \\je, - REGULAR MEETING OF JULY 11, 2006
ORDINANCE NO. 30-06 (SECOND READING/SECOND PUBLIC HEARING)
TO:
FROM:
DATE:
JULY 7, 2006
This Ordinance is before Commission for second reading and second public hearing for a City initiated
amendment to Land Development Regulations (LDR) Section 2.4.6, "Procedures for Obtaining Permits and
Approvals", to provide that properties in single family residential districts may only be entided to one (1)
extension for a building permit; amending Section 4.4.3, "Single Family Residential (R-l) Districts", by
enacting Subsection 4.4.3(1), "Construction Site Conditions/Restrictions" and Subsection 4.4.30), ''Violations
of 4.4.3(1)", to provide for conditions and restrictions for structures that are undergoing construction and
remedies for violators.
The Beach Property Owners' Association (BPOA) submitted a letter to the Neighborhood Advisory Council
(NAC) indicating that, with the building boom, the residents living on the barrier island have experienced
various problems with developers working in neighborhoods. The NAC agreed to look at the issue as if the
building boom and construction activity was not limited to the barrier island residents, but for residential
neighborhoods Citywide. After lengthy research, a series of workshops and meetings, and input from a local
developer it was determined that the City was lenient with respect to building construction regulations in
single family zoned districts. The NAC, with the help of the City Attorney's Office, drafted an amendment
that would address these issues. The amendment applies to construction activities which require a permit
from the City and which occur in any of the six (6) single family zoning districts.
On May 15, 2006, the Planning and Zoning Board held a public hearing in conjunction with the request.
Several members of the public spoke in favor of the amendment but, felt the proposed penalty of 50% of the
original building permit fee was not significant enough to make a difference if there was a failure to build the
house within eighteen (18) months. They suggested that the penalty be doubled. After discussing the
amendment, the Board voted 4-0 to recommend to the City Commission approval of the proposed
amendment. Staff recommends approval by adopting the findings of fact and law contained in the staff
report; finding that the request is consistent with the Comprehensive Plan; and finding that the request meets
the criteria set forth in the Land Development Regulations (LDR) 2.4.5(M) (Amendment to Land
Development Regulations).
At the first reading on June 6, 2006, the City Commission passed Ordinance No. 30-06; however, staff
reviewed the language under Section 4.4.3(1)(3) regarding storage sheds and modified the language to provide
that no structure, trailer, or shed shall exceed 10' x 12' in size. The change was substantive enough to require
a new first reading.
At the first reading/ first public hearing on June 20, 2006, the City Commission passed the revised Ordinance
No. 30-06.
Recommend approval of Ordinance No. 30-06 on second and final reading.
S:\City Clerk\agenda memos\Ord 30-06 Single Family Res Construction Conditions 071106
~~
[ITY DF DELRAY BEA[H
CITY ATTORNEY'S OFFICE
21111 N\V 1st AVENUE' DELRAY BEACH, FLORIDA 33444
TILEPIIONE: ~61/2-13-7()l)() . FACSIMILE: 561/27R-4755
DELRAY BEACH
lIa:d
All-America City
Writer's Direct Line: 561/243-7091
, III J! DATE:
MEMORANDUM
June 15, 2006
1993
2001
FROM:
City Commission
David Harden, City Manager
~-~
Brian Shutt, Assistant City Attorney
TO:
SUBJECT: Revisions to Ord. 30-06
Ordinance No. 30-06 is currently scheduled for a second reading on the June 20
City Commission agenda. However, after first reading staff reviewed the language
under section 4.4.3(1)(3) regarding storage sheds and modified the language to
provide that no structure/trailer/shed shall exceed 10' x 12' in size.
The change was substantive enough in nature to require a new first reading.
Therefore, this ordinance will replace the prior Ordinance No. 30-06 and will have
the first reading first public hearing on June 20 with the second reading to occur on
July 11, 2006.
Our office requests that this item be placed on the June 20, 2006 City Commission
agenda. Please call if you have any questions.
Attachment
cc: Chevelle Nubin, City Clerk
Lula Butler, Director of Community Improvement
Paul Dorling, Director of Planning and Zoning
\013
for any permits issued for construction occurrina in a sinQle familv
district as set forth in Subsection 4.4.3(A). All construction shall be
completed within 18 months of issuance of the buildina permit; unless
evidence is presented that a shortaQe of materials or an Act of God has
caused the delav in which case the owner/contractor may reQuest an
extension of time. from the Chief Buildina Official. not to exceed 6
months. In addition to the other penalties herein provided. failure to
complete construction within the time allotted or any extension thereof
shall result in a penalty eQuivalent to one hundred percent of the oriainal
buildina permit fee. which shall be paid prior to the arantina of a
Certificate of Occupancy.
Section 2. That Section 4.4.3. "Single Family Residential (R-1) Districts", is
amended by enacting Subsection 4.4.3(1), "Construction Site Conditions/Restrictions" to
read as follows:
(I) Construction Site Conditions/Restrictions: Anv construction activity. other
than construction activity performed bv the City or its aQents and/or contractors. which
reQuires a permit from the City and which occurs in any of the 6 sinQle familv zonina
districts listed under Subsection 4.4.3(A) shall adhere to all rules. reaulations. laws.
policies of the City and in addition shall adhere to the provisions set forth herein.
(1) Work Hours and the time that supplies/materials may be delivered shall be
Mondav throuah Fridav from 7:00 am to 6:00 pm. and Saturday from 8:00 am to 4:00
Q.!J1.
(2) Work is prohibited on Sundays and the followina holidavs: New Year's
Dav. Memorial Dav. Julv 4th. Labor Dav. Thanksaivina Dav and Christmas Dav.
(3) A temporary trailer. buildina or storaae shed shall be allowed on site from
the time a permit is issued and until the certificate of occupancy is Qranted. No more
than one of these trailers/structures/sheds shall be allowed on the site at the same time
and the size (footprint) of the trailer/structure/shed shall not exceed 10' x 12'.
(4) After submission of a construction permit application. if reQuested bv the
City. a silt fence shall be installed around the entire perimeter of the property and
maintained in a secure operational manner. however part of the silt fence may be
removed for site access.
(5) In the event of tropical storm or hurricane warninQs the Applicant/Owner
shall empty all dumpsters. remove and/or secure all loose construction debris/materials
and port-o-Iets. and all roof tiles must be strapped or removed.
2
(6) Dumpsters shall be provided if the construction debris, and other debris on
site, is of such maqnitude that the debris cannot be maintained in a safe or orderly
manner on site. Dumpsters containinQ construction debris shall be promptly emptied
when full. When full and waitinq removal. the Applicant/Owner must cover the dumpster
in an appropriate manner to prevent trash from blowinq into neiqhborinq property.
Construction materials that are to be used on the iob site must be stored in an orderly
and neat manner or removed.
(7) To the extent feasible. provisions for storm water must be made durinq
construction to ensure that no water flows onto neiqhborinq properties.
(8) Portable toilets are to be placed in as unobtrusive a location as possible,
so as not to affect neiqhborinQ property, and must be maintained in a neat. clean and
sanitary condition.
(9) All construction activity must be confined to the property under
construction.
(10) Construction parkina should be on the iob site when possible. In addition.
parkina is limited to the same side of the street as the site and confined to the property
boundaries when possible. No parkinq is permitted within 25' of any intersection. The
street must remain open for vehicular travel at all times.
(11) All deliveries to the site must be placed on the construction site only.
Third partv deliveries (deliveries by anyone other than the property owner) are
prohibited on Sundays and the followinq holidays: New Year's Day, Memorial Day. July
4th, Labor Day. Thanksqivinq Day and Christmas Day.
(12) Streets adioininQ the proiect must be cleaned of construction debris and
other trash and debris and dirt on a daily basis. The Applicant/Owner is responsible for
protectinq and cleaninq City drainaqe systems of construction dirt and debris. upon
request from the City.
Section 3. That Section 4.4.3, "Single Family Residential (R-1) Districts", is
amended by enacting Subsection 4.4.3(J), "Violations of 4.4.3(1)" to read as follows:
(J) Violations of 4.4.3(1): The City shall have any and all leqal remedies
available to it to enforce Section 4.4.3(1), includinq but not limited to, iniunctive relief.
issuance of a Notice to Appear. issuance of a Code Enforcement Citation, issuance of a
Stop Work Order and any other penalty herein provided in the Code of Ordinances and
the Land Development ReQulations and as set forth in Section 10.99 of the Code of
Ordinances.
3
Section 4. That should any section or provIsion of this ordinance or any
portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared 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 upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading
on this the day of ,2006.
ATTEST:
City Clerk
MAYOR
First Reading
Second Reading
4
~
TO:
THRU:
DAVID( ~E ,CI
PAUL K;;~L1NG, DI'REC
OF PLANNING AND ZONING
FROM: JANET MEEKS, EDUCA N COORDINATOR
SUBJECT: MEETING OF JUNE 6; 2006
CITY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDR)
SECTION 2.4.6 [PROCEDURES FOR OBTAINING PERMITS AND APPROVALS] TO
PROVIDE THAT PROPERTY IN SINGLE FAMILY RESIDENTIAL DISTRICTS MAY
ONLY BE ENTITLED TO ONE EXTENSION FOR A BUILDING PERMIT, AND
AMENDING SECTION 4.4.3 [SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS] BY
ENACTING SUBSECTIONS 4.4.3(1) TO PROVIDE FOR CONDITIONS AND
RESTRICTIONS FOR STRUCTURES THAT ARE UNDER GOING CONSTRUCTION IN
A SINGLE FAMILY RESIDENTIAL DISTRICT AND SECTION 4.4.3(J) TO PROVIDE
FOR REMEDIES IF THOSE RESTRICTIONS ARE VIOLATED.
The Beach Property Owners' Association (BPOA) submitted a letter to the Neighborhood Advisory
Council indicating that with the building boom, the residents living on the barrier island have experienced
various problems with developers working in neighborhoods. The complaints focused around noisy
construction activities, deliveries made on weekends; congested and impassible streets due to
construction and employee vehicles; and unsightly conditions of construction sites. The BPQA asked if
the Neighborhood Advisory Council would help address these issues to strike a better bQlance between
the needs of the developers and the ability of residents to enjoy their homes.
The Neighborhood Advisory Council agreed to look at the issue as if the building boom andeonstructiori
activity was not limited to the barrier island residents, but for residential neighborhoods Citywide. After
lengthy research and a series of workshops and meetings and input from a local developer, it was
determined that the City was lenient with respect to building construction regulations in single family
zoned districts. In fact no regulations govern building site conditions or the length of time it takes to
construct a home. The Neighborhood Advisory Council with the help of the City Attorney's office drafted
an amendment that would address these issues. These amendments apply only to construction activities
which requires a permit from the City and which occurs in any of the six single family zoning districts.
Pursuant to LOR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be
initiated by the City Commission, Planning and Zoning Board or City Administration. Pursuant to Land
Development Regulation Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. The proposed amendment is a City initiated text amendment to the Land
Development Regulations and would be applicable citywide. The goals, objectives and policies of the
Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted.
Additional background and a detailed analysis are provided 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 May 15, 2006.
Several members of the public spoke in favor of the amendment but felt the proposed penalty of 50% of
the original building permit fee was not significant enough to make a difference if there was a failure to
build the house within 18 months. They suggested that the penalty be doubled. After discussing the
amendment, the Planning and Zoning Board unanimously voted 4-0 to recommend to the City
\0/\
City Commission Documentation
LOR Amendment - Construction Regulations for Single Family Zone District
Page 2
Commission approval of the proposed amendment to amend LOR Section 2.4.6(B)(4) [Conditions of the
Permit] and add Subsections 4.4.3(1) [Construction Site Conditions/Restrictions], and Subsections
4.4.3(J) [Violations of 4.4.3 (I)] to provide for conditions and restrictions for structures that are under
going construction in a Single Family Residential districts with a recommendation that the proposed
penalty fee be increased to 100% of the original fee based upon positive findings with respect to LOR
Section 2.4.5(M). The proposed amendment (attached) was changed accordingly and is now before the
Commission for approval.
By motion, approve on first reading of the Ordinance amending LOR Section 2.4.6(B)(4) [Conditions of the
Permit]; and adding Subsections 4.4.3(1) [Construction Site Conditions/Restrictions], and Subsections
4.4.3(J) [Violations of 4.4.3(1)], to provide one extension for a building permit and regulating construction
site and conditions/restrictions in the Single Family Residential zoning districts, 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 LOR Section 2.4.5(M)(5).
Attachment: Planning and Zoning Memorandum Staff Report of May 15, 2006
Proposed Ordinance No. 14-06
MEETING DATE:
AGENDA NO.:
AGENDA ITEM:
MAY 15, 2006
IV.D.
CITY INITIATED AMENDMENT TO LAND DEVELOPMENT
REGULATIONS (LOR) SECTION 2.4.6 [PROCEDURES FOR
OBTAINING PERMITS AND APPROVALS] TO PROVIDE THAT
PROPERTY IN SINGLE FAMILY RESIDENTIAL DISTRICTS MAY
ONLY BE ENTITLED TO ONE EXTENSION FOR A BUILDING PERMIT,
AND AMENDING SECTION 4.4.3 [SINGLE FAMILY RESIDENTIAL. (R-
1) DISTRICTS] BY ENACTING SUBSECTIONS 4.4.3(1) TO PROVIDE
FOR CONDITIONS AND RESTRICTIONS FOR STRUCTURES THAT
ARE UNDER GOING CONSTRUCTION IN A SINGLE FAMILY
RESIDENTIAL DISTRICT AND SECTION 4.4.3(J) TO PROVIDE FOR
REMEDIES IF THOSE RESTRICTIONS ARE VIOLATED.
The item before the Board is that of making a recommendation to the City Commission
regarding a City initiated text. amendment to LOR Section 2.4.6 [Procedures for obtaining
Permits and Approvals], and Subsection 2.4.6(B)(4) [Conditions of the Permit] to provide that
property in single family residential districts may only be entitled to one extension for a building
permit and amending LOR Section 4.4.3 Single Family Residential (R-1) districts by enacting
Subsections 4.4.3(1) [Construction Site Conditions/Restrictions] and Subsection 4.4.3(J)
Violations of 4.4.3(1) to provide for conditions and restrictions for structures that are under going
construction in a single family residential district and to provide for remedies if those restrictions
are violated.
Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be
made until a recommendation is obtained from the Planning and Zoning Board.
The Beach Property Owners' Association (BPOA) submitted a letter to the Neighborhood
Advisory Council indicating that with the building boom, the residents living on the barrier island
have experienced various problems with developers working in neighborhoods. The complaints
focused around noisy construction activities commencing early in the morning and extending
well past dinner time; deliveries made on weekends as well as weekdays; construction vehicles
and workers vehicles parked on residential streets resulting in congestion and impassible
streets; creating private property damage and theft; construction trash; and unsightly conditions
of construction sites. The BPOA asked if the Neighborhood Advisory Council would be willing to
help address these issues to strike a better balance between the needs of the developers and
the ability of residents to enjoy their homes.
The Neighborhood Advisory Council agreed to look at the issue as the building boom and
construction activity is not just limited to the barrier island residents, but affects residential
neighborhoods Citywide. After lengthy research and a series of workshops and meetings and
Planning and Zoning Board Staff Report, May 15, 2006
LOR Text Amendment - Construction Site Conditions/Restrictions
input from a local developer, it was determined that the City was lenient with respect to building
construction regulations in single family zoned districts. In fact, the Code of Ordinances states
that construction, drilling or demolition work is allowed to occur 24 hours a day seven days a
week with decibel limits for weekends and nights. Regulating construction activity with only
decibel limits is hard to enforce. In addition, there are no regulations in place that govern
building site conditions in single family construction sites or the length of time it takes to
construct a home.
The Neighborhood Advisory Council took into consideration all of the information that they
gathered over the past months and with the help of the City Attorney's office drafted a proposed
Ordinance that would amend Section 4.4.3 "Single Family Residential Districts" by adding a
section entitled "Construction Site Conditions/Restrictions" and by adding a section that would
provide for remedies if those restrictions are violated. It should be noted that these
amendments apply only to construction activities which requires a permit from the City and
which occurs in any of the 6 single family zoning districts.
The proposed LDR text amendment is pertinent only to the Single Family Residential (R-1)
districts. Currently, single family construction permits are valid for 6 months with one or more
extension of time, each extension not to exceed 90 days. A minimal fee of $50.00 is charged for
re-activation of an expired permit. There is currently no time limit on how long you can take to
construct a single family home. The text amendment would require all construction to be
completed with 18 months of issuance of the buHding permit unless evidence is provided that
there was a building material shortage or Act of God, then the Chief Building Official could grant
an extension of time not to exceed 6 months. If the house is not completed in this time period, it
may result in a penalty equivalent to 50% of the original building permit fee will be assessed.
The text amendment would further amend Section 4.4.3 "Single Family Residential Districts" by
adding a section entitled "Construction Site Conditions/Restrictions". Currently, there are no
regulations that monitor the conditions of construction sites or hours of operation. The proposed
Ordinance will limit hours of operation and prohibit work on Sundays and specific holidays as
well as the limiting times of deliveries. It will regulate site conditions with respect to construction
debris; making sure that storm water is confined to the construction site so as not to flow onto
neighboring properties; restrict construction activity to be confined .to the property under
construction; and regulating construction parking to ensure that the street remains open for
vehicular travel at all times.
Most homes can be built within 18 months and with only one extension allowed, it would
eliminate prolonged construction projects. In addition, the stiff penalty would help to re-enforce
the importance of the time limitations. The proposed text amendment is similar to those found in
other municipalities and will help to strike a better balance between the needs of the developers
and the ability of residents to enjoy their homes.
LOR Section 2.4.5(MH5) (FindinQs): Pursuant to LOR 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.
2
Planning and Zoning Board Staff Report, May 15, 2006
LOR Text Amendment - Construction Site Conditions/Restrictions
Comprehensive Plan Policies:
The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no
applicable goals, objectives or policies noted. While the amendment does not specifically
further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with
them.
The proposed text amendment was reviewed by the NAC (Neighborhood Advisory Council) and
the Council unanimously recommended approval of the amendments.
The City Commission reviewed the Text amendment at its workshop meeting of February 14th
and was in favor of the amendment with the addition of the building time frame which has been
incorporated into the amendment. They also requested that Gold Coast Builders Association
provide comments on the proposed Ordinance. While Gold Coast was e-mailed and faxed a
copy of the Ordinance and was contacted by phone on nUmerous occasions to obtain
comments, none were received.
. Special Courtesy Notices were transmitted to the Neighborhood Advisory Council, PROD and
Presidents Council. Letters of objection and support, if any, will be presented at the Planning
and Zoning Board meeting.
Given the building boom in the City of Delray Beach, residents have experienced various
problems with developers working in neighborhoods. The major complaints focus around noise
with construction activities commencing early in the morning and extending well past dinner time
and on holidays. In addition there are no limits on times that construction deliveries can be
made. Construction and employee vehicles also create congestion and impassible residential
streets and construction sites sometimes become unsightly. Currently, there are little or no
restrictions regarding construction activities in the Single family zone districts. If approved, the
amendment will provide a better balance between the needs of the developers and the ability of
residents to enjoy their homes and improve quality of life. Based on the information provided
herein, a positive finding can be made with respect to LOR Section 2.4.5(M)(5).
A. Postpone with direction.
B. Move a recommendation of approval to the City Commission for the text amendment to
amend LOR Section 2.4.6(B)(4) [Conditions of the Permit] to provide that property in Single
Family Residential districts may only be entitled to one extension for a building permit; and
the addition of Subsections 4.4.3(1) [Construction Site Conditions/Restrictions], and
Subsections 4.4.3(J) [Violations of 4.4.3 (I)] to provide for conditions and restrictions for
structures that are under going construction in a Single Family Residential districts and to
provide for remedies if those restrictions are violated, 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 LOR Section 2.4.5(M)(5).
3
Planning and Zoning Board Staff Report, May 15, 2006
LOR Text Amendment - Construction Site Conditions/Restrictions
C. Move a recommendation of denial to the City Commission of the request to amend LOR
Section 2.4.6(B)(4) [Conditions of the Permit]; and adding Subsections 4.4.3(1) [Construction
Site Conditions/Restrictions], and Subsections 4.4.3(J) [Violations of 4.4.3(1)], based on a
failure to make positive findings as the request is inconsistent with the Comprehensive Plan
and does not meet the criteria set forth in LOR Section 2.4.5(M)(5).
Move a recommendation of approval to the City Commission for the text amendment to amend
LOR Section 2.4.6(B)(4) [Conditions of the Permit]; and adding Subsections 4.4.3(1)
[Construction Site Conditions/Restrictions], and Subsections 4.4.3(J) [Violations of 4.4.3(1)], to
provide one extension for a building permit and regulating . construction site and
conditions/restrictions in the Single Family Residential zoning districts, 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 LOR Section 2.4.5(M)(5).
Attachments:
. Proposed Ordinance No. 30-06
. May 10, 2006 Letter from the Beach Property Owners' Association, Inc.
4
r
BEACH PROPERTY OWNERS' ASSOCIATION, INC.
Dedicated to the Preservation and,Enhancement of "Our Village by the Sea"
-=:t~~
~~\r ~-
Mr. Paul Dorling, Director
Planning and Zoning Department
100N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Dorting:
We have reviewed and support approval of the proposed revisions to the Construction Ordinance which
will be acted on by the Planning and Zoning Board at the May 15,2006 meeting. Although there are
many important improvements in the proposal, we would like to highlight one element where
consideration of some strengthening should be considered - and that relates to the actions available to the
City in the event a builder exceeds the proposed time limit to complete a project (18 months).
Driving through the barrier island residential neighborhoods, three houses under construction stand out as
examples oflengthy house construction projects that have represented problems for the surrounding
neighbors (photos attached): .
Date of
First Permit
Last
Inspection
Permit
Expired
Time Under
Construction
1127 Miramar Aug. 2003
1016 Harbor Dr. Sept. 2002
1015 Azalea Dr. Mar. 2003
.Pennit reactivated February 2006.
Mar. 2004
Oct. 2003
Jun. 2004
Yes
No.
Yes
33 Months
44 Months
38 Months
These houses have been under construction from 33 months to as long as 44 months and they were last
inspected in 2003 and 2004. In the case of 1016 Harbor Drive, neighbors have communicated with the
City Administration on numerous occasions in ali effort to remedy construction problems but to no avail.
This may result from the City not having the necessary tools to encourage builders to move projects to
completion in a reasonable period of time. .
The proposed ordinance does set a time limit for completion of construction hut we are concerned that the
penalty for noncompliance (50% of the original permit fee) may not be sufficient enough to encourage
timely completion. At this level, builders may simply view. the penalty as a cost of doing business and
would be willing to incur this cost if it is advantageous to them. If possible, we would like the Planning &
Zoning Board to consider recommending a more significant penalty for noncompliance with this element
of the proposed Construction. Ordinance.
CC: City Conunissioners
Thank you for your consideration,
--sf)4~
Serving residents of the beachfront since 1967
/11/ ~A /1it11Z ~,e I V ~
/L7/~
;!Jc:..J" ).:/,) /I,} c.. /~i:?,-j.j ,I
///I,,{/ ...g c r-Z -;;;;4 i i/O:::
.-
/- r Ii!. "5 r
" -< ""',; . 1 ,.;:-;--.. ,
..A- ........." L..,/ - !-'
:5E~ r: ,.;2 C:r:.f:J....
Lr-1'j!' L5U./i..'/)/;'1J4:' .I'/;.J:5/'eCF/cAJ ~
/) _' ,-1 A ...... L:::_-)c /7/ LJ ~V . -~
IJ~F-.f"J'{ C;::O ,-
,'7 ,. ~ ;(7(,:=:::/'1<.' T'/V'itrrt:?r
f.;€i~rn" ;-y
GJ e ;-:
dL c:..) c~ S
./",/0
;:c&...:::tOC"',
..___,.....t~
i.... /;'1 c.~ l-., :fL./ ~._ j.'<.:3'.'f2-
,r.1
....~ "-
-=:;-;-;1.:J'~ ..~. r."
" .
'"r'~
.-~.
,f:;-';", .0..; + ..;,. f !... . ~~
~{'f //-1
'"f
, ,
I t:JJ.s-/1i:..&Le-rl~ /ti:)
/JUi'-U/~c.: 'fJe-~,r Hi{!.S7':Lssui0:. #J;I~~Cl
.l.li'5t /3Ui!--;:;JlJc; ,-L"'Sj/lB1.T70:U :
..Tv ;\J ,;;z (j C
. .
D f,r6eF~.cac,..JS T:~ {Jtr..T fa N:'
YeS
~2,,/JO,u1
~
FROM:
C D(t)(WUMEN
DAVID(~E ,CI
PAUL fu;~L1NG, DIREC OF PLANNING AND ZONING
JANET MEEKS, EDUCA N COORDINATOR
TO:
THRU:
SUBJECT: MEETING OF JUNE 6, 2006
CITY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDR)
SECTION 2.4.6 [PROCEDURES FOR OBTAINING PERMITS AND APPROVALS] TO
PROVIDE THAT PROPERTY IN SINGLE FAMILY RESIDENTIAL DISTRICTS MAY
ONLY BE ENTITLED TO ONE EXTENSION FOR A BUILDING PERMIT, AND
AMENDING SECTION 4.4.3 [SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS] BY
ENACTING SUBSECTIONS 4.4.3(1) TO PROVIDE FOR CONDITIONS AND
RESTRICTIONS FOR STRUCTURES THAT ARE UNDER GOING CONSTRUCTION IN
A SINGLE FAMILY RESIDENTIAL DISTRICT AND SECTION 4.4.3(J) TO PROVIDE
FOR REMEDIES IF THOSE RESTRICTIONS ARE VIOLATED.
BACKGROUND AND ANAL YS
The Beach Property Owners' Association (BPOA) submitted a letter to the Neighborhood Advisory
Council indicating that with the building boom, the residents living on the barrier island have experienced
various problems with developers working in neighborhoods. The complaints focused around noisy
construction activities, deliveries made on weekends; congested and impassible streets due to
construction and employee vehicles; and unsightly conditions of construction sites. The BPOA asked if
the Neighborhood Advisory Council would help address these issues to strike a better balance between
the needs of the developers and the ability of residents to enjoy their homes.
The Neighborhood Advisory Council agreed to look at the issue as if the building boom and construction
activity was not limited to the barrier island residents, but for residential neighborhoods Citywide. After
lengthy research and a series of workshops and meetings and input from a local developer, it was
determined that the City was lenient with respect to building construction regulations in single family
zoned districts. In fact no regulations govern building site conditions or the length of time it takes to
construct a home. The Neighborhood Advisory Council with the help of the City Attorney's office drafted
an amendment that would address these issues. These amendments apply only to construction activities
which requires a permit from the City and which occurs in any of the six single family zoning districts.
Pursuant to LOR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be
initiated by the City Commission, Planning and Zoning Board or City Administration. Pursuant to Land
Development Regulation Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a
finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the
Comprehensive Plan. The proposed amendment is a City initiated text amendment to the Land
Development Regulations and would be applicable citywide. The goals, objectives and policies of the
Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted.
Additional background and a detailed analysis are provided in the attached Planning and Zoning Board
staff report.
PLANNING AND ZONING BOARD CONSIDERATION
The Planning and Zoning Board held a public hearing regarding this item at its meeting of May 15, 2006.
Several members of the public spoke in favor of the amendment but felt the proposed penalty of 50% of
the original building permit fee was not significant enough to make a difference if there was a failure to
build the house within 18 months. They suggested that the penalty be doubled. After discussing the
amendment, the Planning and Zoning Board unanimously voted 4-0 to recommend to the City
\af\
City Commission Documentation
LDR Amendment - Construction Regulations for Single Family Zone District
Page 2
Commission approval of the proposed amendment to amend LOR Section 2.4.6(B)(4) [Conditions of the
Permit] and add Subsections 4.4.3(1) [Construction Site Conditions/Restrictions]. and Subsections
4.4.3(J) [Violations of 4.4.3 (I)] to provide for conditions and restrictions for structures that are under
going construction in a Single Family Residential districts with a recommendation that the proposed
penalty fee be increased to 100% of the original fee based upon positive findings with respect to LOR
Section 2.4.5(M). The proposed amendment (attached) was changed accordingly and is now before the
Commission for approval.
RECOMME
By motion, approve on first reading of the Ordinance amending LOR Section 2.4.6(B)(4) [Conditions of the
Permit]; and adding Subsections 4.4.3(1) [Construction Site Conditions/Restrictions]. and Subsections
4.4.3(J) [Violations of 4.4.3(1)], to provide one extension for a building permit and regulating construction
site and conditions/restrictions in the Single Family Residential zoning districts, 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 LOR Section 2.4.5(M)(5).
Attachment: Planning and Zoning Memorandum Staff Report of May 15, 2006
Proposed Ordinance No. 14-06
ORDINANCE NO. 30-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF
DELRA Y BEACH, AMENDING SECTION 2.4.6, "PROCEDURES FOR
OBTAINING PERMITS AND APPROVALS", SUBSECTION 2.4.6(B) (4),
"CONDITIONS OF THE PERMIT", TO PROVIDE THAT PROPERTY IN
SINGLE FAMILY RESIDENTIAL DISTRICTS MAY ONLY BE ENTITLED
TO ONE EXTENSION FOR A BUILDING PERMIT; AMENDING SECTION
4.4.3, "SINGLE FAMILY RESIDENTIAL (R-l) DISTRICTS", BY ENACTING
SUBSECTIONS 4.4.3(1), "CONSTRUCTION SITE
CONDITIONS/RESTRICTIONS", AND SUBSECTION 4.4.30),
''VIOLATIONS OF 4.4.3(1)", TO PROVIDE FOR CONDITIONS AND
RESTRICTIONS FOR STRUCTURES THAT ARE UNDER GOING
CONSTRUCTION IN A SINGLE FAMILY RESIDENTIAL DISTRICT AND
TO PROVIDE FOR REMEDIES IF THOSE RESTRICTIONS ARE
VIOLATED; PROVIDING A GENERAL REPEALER CLAUSE; A SAVINGS
CLAUSE AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 2.4.6, "Procedures for Obtaining Permits and Approvals", is
amended by amending Subsection 2.4.6(B)(4), "Conditions of the Permit", to read as follows:
(4) Conditions of the Permit:
(a) The Building Official shall act upon an application for a permit with plans as fued,
or as amended, without unreasonable or unnecessary delay. A permit issued shall
be construed to be a license to proceed with the work and shall not be construed
as authority to violate, cancel, alter or set aside any of the provisions of this code,
nor shall such issuance of a permit prevent the Building Official from thereafter
requiring a correction of errors in plans or in construction, or violations of this
code. Any permit issued shall become invalid (1) unless the work authorized shall
have been commenced within six months after its issuance, or (2) if the work
authorized by such permit is suspended or abandoned for a period of six months
after the time the work is commenced.
(b) One or more extensions of time, for periods not exceeding 90 days each, may be
allowed in writing by the Chief Building Official, pursuant to LDR Section
2.4.4(F). However. only one extension shall be allowed for any permits issued for
construction occurring in a single family district as set forth in Subsection 4.4.3(A).
All construction shall be completed within 18 months of issuance of the building
permit: unless evidence is presented that a shortage of materials or an Act of God
has caused the delay in which case the owner! contractor may request an extension
of time. from the Chief Building Official. not to exceed 6 months. In addition to
the other penalties herein provided. failure to complete construction within the
time allotted or any extension thereof shall result in a penalty equivalent to one
hundred percent of the original building permit fee. which shall be paid prior to
the granting of a Certificate of Occupancy.
Section 2. That Section 4.4.3, "Single Family Residential (R-l) Districts", is amended by
enacting Subsection 4.4.3(1), "Construction Site Conditions/Restrictions" to read as follows:
co Construction Site Conditions/Restrictions: Any construction activity. other than
construction activity performed by the City or its agents and/ or contractors. which requires a permit
from the City and which occurs in any of the 6 single family zoning districts listed under Subsection
4.4.3(A) shall adhere to all rules. reg.ulations. laws. policies of the City and in addition shall adhere to
the provisions set forth herein.
(1) Work Hours and the time that supplies/materials may be delivered shall be Monday
through Friday from 7:00 am to 6:00 pm. and Saturday from 8:00 am to 4:00 pm.
(2) Work is prohibited on Sundays and the following holidays: New Year's Day.
Memorial Day. Jul,y4th. Labor Day. Thanksgiving Day and Christmas Day.
(3) A temporary trailer. building or storag.e shed (no pods.) shall be allowed on site from
the time a permit is issued and until the certificate of occupancy is granted. No more than one of
these structures/ sheds shall be allowed on the site at the same time.
(4) After submission of a construction permit application. if requested by the City. a silt
fence shall be installed around the entire perimeter of the property and maintained in a secure
operational manner. however part of the silt fence may be removed for site access.
(5) In the event of tropical storm or hurricane warnings the Applicant/Owner shall
empty all dumpsters. remove and/or secure all loose construction debris/materials and port-o-Iets.
and all roof tiles must be strapped or removed.
(6) Dumpsters shall be provided if the construction debris. and other debris on site. is of
such magnitude that the debris cannot be maintained in a safe or orderly manner on site. Dumpsters
containing construction debris shall be prompdy emptied when full. When full and waiting removal.
the Applicant/Owner must cover the dumpster in an appropriate manner to prevent trash from
2
ORDINANCE NO. 30-06
blowing into neighboring property. Construction materials that are to be used on the job site must
be stored in an orderly and neat manner or removed.
(7) To the extent feasible. provisions for storm water must be made during construction
to ensure that no water flows onto neighboring properties.
(8) Portable toilets are to be placed in as unobtrusive a location as possible, so as not to
affect neighboring property. and must be maintained in a neat. clean and sanitar.y condition.
(9) All construction activity must be confined to the property under construction.
(10) Construction parking should be on the job site when possible. In addition. parking
is limited to the same side of the street as the site and confined to the property boundaries when
possible. No parking is permitted within 25' of any intersection. The street must remain open for
vehicular travel at all times.
(11) All deliveries to the site must be placed on the construction site only. Third party
deliveries (deliveries by anyone other than the property owner) are prohibited on Sundays and the
following holidays: New Year's Day. Memorial Day. July 4th. Labor Day. Thanksgiving DaJ' and
Christmas Day.
(12) Streets adjoining the project must be cleaned of construction debris and other trash
and debris and dirt on a daily basis. The Applicant/Owner is responsible for protecting and
cleaning City drainage systems of construction dirt and debris. upon request from the City.
Section 3. That Section 4.4.3, "Single Family Residential (R-l) Districts", is amended by
enacting Subsection 4.4.30), ''Violations of 4.4.3(1)" to read as follows:
Q.) Violations of 4.4.3(1): The City shall have any and all legal remedies available to it to
enforce Section 4.4.300. including but not limited to. injunctive relief. issuance of a Notice to
Appear, issuance of a Code Enforcement Citation. issuance of a Stop Work Order and any other
penalty herein provided in the Code of Ordinances and the Land Development Regulations and as
set forth in Section 10.99 of the Code of Ordinances.
Section 4. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, clause 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
hereof other than the part declared invalid.
Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
3
ORDINANCE NO. 30-06
Section 6.
final reading.
the
ATTEST:
That this ordinance shall become effective upon its passage on second and
PASSED AND ADOPTED in regular session on second and final reading on this
day of , 2006.
MAYOR
City Clerk
First Reading
Second Reading
4
ORDINANCE NO. 30-06
MEETING DATE:
MAY 15, 2006
AGENDA NO.:
IV.D.
AGENDA ITEM:
CITY INITIATED AMENDMENT TO LAND DEVELOPMENT
REGULATIONS (LOR) SECTION 2.4.6 [PROCEDURES FOR
OBTAINING PERMITS AND APPROVALS] TO PROVIDE THAT
PROPERTY IN SINGLE FAMILY RESIDENTIAL DISTRICTS MAY
ONLY BE ENTITLED TO ONE EXTENSION FOR A BUILDING PERMIT,
AND AMENDING SECTION 4.4.3 [SINGLE FAMILY RESIDENTIAL (R-
1) DISTRICTS] BY ENACTING SUBSECTIONS 4.4.3(1) TO PROVIDE
FOR CONDITIONS AND RESTRICTIONS FOR STRUCTURES THAT
ARE UNDER GOING CONSTRUCTION IN A SINGLE FAMILY
RESIDENTIAL DISTRICT AND SECTION 4.4.3(J) TO PROVIDE FOR
REMEDIES IF THOSE RESTRICTIONS ARE VIOLATED.
The item before the Board is that of making a recommendation to the City Commission
regarding a City initiated text amendment to LOR Section 2.4.6 [Procedures for obtaining
Permits and Approvals], and Subsection 2.4.6(B)(4) [Conditions of the Permit] to provide that
property in single family residential districts may only be entitled to one extension for a building
permit and amending LOR Section 4.4.3 Single Family Residential (R-1) districts by enacting
Subsections 4.4.3(1) [Construction Site Conditions/Restrictions] and Subsection 4.4.3(J)
Violations of 4.4.3(1) to provide for conditions and restrictions for structures that are under going
construction in a single family residential district and to provide for remedies if those restrictions
are violated.
Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be
made until a recommendation is obtained from the Planning and Zoning Board.
The Beach Property Owners' Association (BPOA) submitted a letter to the Neighborhood
Advisory Council indicating that with the building boom, the residents living on the barrier island
have experienced various problems with developers working in neighborhoods. The complaints
focused around noisy construction activities commencing early in the morning and extending
well past dinner time; deliveries made on weekends as well as weekdays; construction vehicles
and workers vehicles parked on residential streets resulting in congestion and impassible
streets; creating private property damage and theft; construction trash; and unsightly conditions
of construction sites. The BPOA asked if the Neighborhood Advisory Council would be willing to
help address these issues to strike a better balance between the needs of the developers and
the ability of residents to enjoy their homes.
The Neighborhood Advisory Council agreed to look at the issue as the building boom and
construction activity is not just limited to the barrier island residents, but affects residential
neighborhoods Citywide. After lengthy research and a series of workshops and meetings and
Planning and Zoning Board Staff Report, May 15, 2006
LOR Text Amendment - Construction Site Conditions/Restrictions
input from a local developer, it was determined that the City was lenient with respect to building
construction regulations in single family zoned districts. In fact, the Code of Ordinances states
that construction, drilling or demolition work is allowed to occur 24 hours a day seven days a
week with decibel limits for weekends and nights. Regulating construction activity with only
decibel limits is hard to enforce. In addition, there are no regulations in place that govern
building site conditions in single family construction sites or the length of time it takes to
construct a home.
The Neighborhood Advisory Council took into consideration all of the information that they
gathered over the past months and with the help of the City Attorney's office drafted a proposed
Ordinance that would amend Section 4.4.3 "Single Family Residential Districts" by adding a
section entitled "Construction Site Conditions/Restrictions" and by adding a section that would
provide for remedies if those restrictions are violated. It should be noted that these
amendments apply only to construction activities which requires a permit from the City and
which occurs in any of the 6 single family zoning districts.
The proposed LOR text amendment is pertinent only to the Single Family Residential (R-1)
districts. Currently, single family construction permits are valid for 6 months with one or more
extension of time, each extension not to exceed 90 days. A minimal fee of $50.00 is charged for
re-activation of an expired permit. There is currently no time limit on how long you can take to
construct a single family home. The text amendment would require all construction to be
completed with 18 months of issuance of the building permit unless evidence is provided that
there was a building material shortage or Act of God, then the Chief Building Official could grant
an extension of time not to exceed 6 months. If the house is not completed in this time period, it
may result in a penalty equivalent to 50% of the original building permit fee will be assessed.
The text amendment would further amend Section 4.4.3 "Single Family Residential Districts" by
adding a section entitled "Construction Site Conditions/Restrictions". Currently, there are no
regulations that monitor the conditions of construction sites or hours of operation. The proposed
Ordinance will limit hours of operation and prohibit work on Sundays and specific holidays as
well as the limiting times of deliveries. It will regulate site conditions with respect to construction
debris; making sure that storm water is confined to the construction site so as not to flow onto
neighboring properties; restrict construction activity to be confined .to the property under
construction; and regulating construction parking to ensure that the street remains open for
vehicular travel at all times.
Most homes can be built within 18 months and with only one extension allowed, it would
eliminate prolonged construction projects. In addition, the stiff penalty would help to re-enforce
the importance of the time limitations. The proposed text amendment is similar to those found in
other municipalities and will help to strike a better balance between the needs of the developers
and the ability of residents to enjoy their homes.
LOR Section 2.4.5(M)(5) (FindinQs): Pursuant to LOR 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.
2
Planning and Zoning Board Staff Report, May 15, 2006
LDR Text Amendment - Construction Site Conditions/Restrictions
Comprehensive Plan Policies:
The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no
applicable goals, objectives or policies noted. While the amendment does not specifically
further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with
them.
The proposed text amendment was reviewed by the NAC (Neighborhood Advisory Council) and
the Council unanimously recommended approval of the amendments.
The City Commission reviewed the Text amendment at its workshop meeting of February 14th
and was in favor of the amendment with the addition of the building time frame which has been
incorporated into the amendment. They also requested that Gold Coast Builders Association
provide comments on the proposed Ordinance. While Gold Coast was e-mailed and faxed a
copy of the Ordinance and was contacted by phone on numerous occasions to obtain
comments, none were received.
Special Courtesy Notices were transmitted to the Neighborhood Advisory Council, PROD and
Presidents Council. Letters of objection and support, if any, will be presented at the Planning
and Zoning Board meeting.
Given the building boom in the City of Delray Beach, residents have experienced various
problems with developers working in neighborhoods. The major complaints focus around noise
with construction activities commencing early in the morning and extending well past dinner time
and on holidays. In addition there are no limits on times that construction deliveries can be
made. Construction and employee vehicles also create congestion and impassible residential
streets and construction sites sometimes become unsightly. Currently, there are little or no
restrictions regarding construction activities in the Single family zone districts. If approved, the
amendment will provide a better balance between the needs of the developers and the ability of
residents to enjoy their homes and improve quality of life. Based on the information provided
herein, a positive finding can be made with respect to LDR Section 2.4.5(M)(5).
A. Postpone with direction.
B. Move a recommendation of approval to the City Commission for the text amendment to
amend LDR Section 2.4.6(B)(4) [Conditions of the Permit] to provide that property in Single
Family Residential districts may only be entitled to one extension for a building permit; and
the addition of Subsections 4.4.3(1) [Construction Site Conditions/Restrictions], and
Subsections 4.4.3(J) [Violations of 4.4.3 (I)] to provide for conditions and restrictions for
structures that are under going construction in a Single Family Residential districts and to
provide for remedies if those restrictions are violated, 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)(5).
3
Planning and Zoning Board Staff Report, May 15, 2006
LOR Text Amendment - Construction Site Conditions/Restrictions
C. Move a recommendation of denial to the City Commission of the request to amend LOR
Section 2.4.6(B)(4) [Conditions of the Permit]; and adding Subsections 4.4.3(1) [Construction
Site Conditions/Restrictions], and Subsections 4.4.3(J) [Violations of 4.4.3(1)], based on a
failure to make positive findings as the request is inconsistent with the Comprehensive Plan
and does not meet the criteria set forth in LOR Section 2.4.5(M)(5).
Move a recommendation of approval to the City Commission for the text amendment to amend
LOR Section 2.4.6(B)(4) [Conditions of the Permit]; and adding Subsections 4.4.3(1)
[Construction Site Conditions/Restrictions], and Subsections 4.4.3(J) [Violations of 4.4.3(1)], to
provide one extension for a building permit and regulating construction site and
conditions/restrictions in the Single Family Residential zoning districts, 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 LOR Section 2.4.5(M)(5).
Attachments:
. Proposed Ordinance No. 30-06
· May 10, 2006 Letter from the Beach Property Owners' Association, Inc.
4
BEACH PROPERTY OWNERS' ASSOCIATION, INC.
Dedicated to the Preservation and Enhancement of "Our Village by the Sea"
~~
~ ~ 777 E. ATLANTIC AVENUE #272
~ DELRAYBEACH, FL33483
Tel: 561.276.2632
May 10, 2006
"
'>-~\-r ~\~~
Mr. Paul Dorling, Director
Planning and Zoning Department
100 N.W. 1st Avenue
Delray Beach, FL 33444
Dear Mr. Dorling:
We have reviewed and support approval of the proposed revisions to the Construction Ordinance which
will be acted on by the Planning and Zoning Board at the May 15,2006 meeting. Although there are
many important improvements in the proposal, we would like to highlight one element where
consideration of some strengthening should be considered - and that relates to the actions available to the
City in the event a builder exceeds the proposed time limit to complete a project (18 months).
Driving through the barrier island residential neighborhoods, three houses under construction stand out as
examples of lengthy house construction projects that have represented problems for the surrounding
neighbors (photos attached):
Date of
First Permit
Last
Inspection
Permit
Expired
Time Under
Construction
1127 Miramar Aug. 2003
1016 Harbor Dr. Sept. 2002
1015 Azalea Dr. Mar. 2003
"'Permit reactivated February 2006.
Mar. 2004
Oct. 2003
Jun. 2004
Yes
No.
Yes
33 Months
44 Months
38 Months
These houses have been under construction from 33 months to as long as 44 months and they were last
inspected in 2003 and 2004. In the case of 1016 Harbor Drive, neighbors have communicated with the
City Administration on numerous occasions in an effort to remedy construction problems but to no avail.
This may result from the City not having the necessary tools to encourage builders to move projects to
completion in it reasonable period of time.
The proposed ordinance does set a time limit for completion of construction but we are concerned that the
penalty for noncompliance (50% of the original permit fee) may not be sufficient enough to encourage
timely completion. At this level, builders may simply view the penalty as a cost of doing business and
would be willing to incur this cost if it is advantageous to them. If possible, we would like the Planning &
Zoning Board to consider recommending a more significant penalty for noncompliance with this element
of the proposed Construction Ordinance.
CC: City Commissioners
Thank you for your consideration,
--:SV4pz-.~
Serving residents of the beachfront since 1967
/ /~ 7 ;11 / ~A /J1,#lftZ --::t),.e I v ~
~OIL.-UI,()c:. !lE"{<Jz,lJr hl!6T L '5Svi?7J j
LItSr f]ui.L.,/)/,..Jj I~'S;Je:clu.JJ..l:
;1L16U5T .;Leu 3
IGp.~n, ( ~ X PllI!€?"O :.
'li;n;,vPoE~Q o#-.)s.,r-Rue.:noN'
1'-1 II {l..eff Ole o'-/-
Y6'S
~Aif ~. PAJ"h
,/ .t..';~ ./ &"
~~]'>1 ,:2 A ;] ;(:,~
; "~-"-;-
.( v' ~__.
I:~~~ k? ;>'l} J
,aiL f i .L~-;;~ .... t~) c.
L~3 '-.j / ~?;~ oJ'.., ....."-
.~ v
~-...:x. /.>'/ ~ E f--.r .
/:~~~"~';i.&'~? rf.; F (
/~:,.- ;/ l2!... J l
-L_
....,-.~
"'55 ,.,) :: t-.~
:5 L~'.f::J f~
. ;2 L;' {~J :.::to.
rL./1;.~ !
, . '.- r'"'" ~ "j C $-'1,-.....,,01
_L /iJ _~s /J c'~,' ',-:
c:..; C ,:
-~ i:';t.:'
/"./ ()
-~ ...-
c',' ,'_,._.".. ~. , ,
f,; c /"- /""
J'.V"'fi're~D
;(:~"/1 c ~7'
f-c/!5.
~CL"'~;
..', ~~_.. t
J<' ;Y'
;;"'; ~ ".' .
:'.,,*...'
'--~._." ..~
" .
.... .... ~.....' ....... -. .. ... . .... ...... .. ;.. .;.
. . ~ . ..
/"/5 /lZ/-tLc:.-rI ~ /f U
!JUf<...!)I/.JC jJ€.4!fllt( HlZ.Y;-> s'SJPj):, J1frllL;LCO
d' .--
/. fh,. r;;JU,'!... -;:) ~ )\J (;; -Liv SjlE72T/ '0 I...)
...Tv"0;l c Q
.lE.t2fl1' IT Exf-J,iZ~O..~
''I C~S
,. . ,., .-d lln".i":>., R. i..i ir..:r / 0.A.J:'
l:../j'"tJ;""';,z:;:.'.f....... - -
-; S' p,-1 CPT.
,.t/rfJ ~ -ZC {) to.
/"Ir" CMo/~
'- '-" .
www.bocanews.com · Boca Raton/Delray Beach News - Thursday, July 6, 2006 7
CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS
TO PROVIDE THAT PROPERTY IN
SINGLE FAMilY RESIDENTIAL
DISTRICTS MAY ONLY BE
ENTITLED TOONE TIME
EXTENSION FOR A BUilDING
"PERMIT" AND ENACTING
REGULATIONS TO PROVIDE
FOR CONDITIONS AND
RESTRICTIONS FOR
STRUCTURES THAT ARE UNDER
GOING CONSTRUCTION "IN A
SINGLE FAMilY RESIDENTIAL
DISTRICT AND TO PROVIDE FOR
REMEDIES IF THOSE
RESTRICTIONS ARE VIOLATED
The City Commission of the City of Delray Beach, Florida, proposes
to adopt the following ordinance:
ORDINANCE NO. 30-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOP-
MENT REGULATIONS OF THE CODE OF ORDINANCES OF THE
CITY OF DELRAY BEACH, AMENDING SECTION 2.4.6, "PROCE-
DURES FOR OBTAINING PERMITS AND APPROVALS", SUBSEC-
TION 2.4.6(B)(4), "CONDITIONS OF THE PERMIT', TO PROVIDE
THAT PROPERTY IN SINGLE FAMILY RESIDENTIAL DISTRICTS
MAY ONLY BE ENTITLED TO ONE EXTENSION FOR A BUILDING
PERMIT; AMENDING SECTION 4.4.3, "SINGLE FAMILY RESIDEN-
TIAL (R-1) ,DISTRICTS", BY ENACTING SUBSECTIONS 4.4.3(1),
"CONSTRUCTION SITE CONDITIONS/RESTRICTIONS", AND SUB-
SECTION 4.4.3(J), "VIOLATIONS OF 4.4.3(/)", TO PROVIDE FOR
CONDITIONS AND RESTRICTIONS FOR STRUCTURES THAT ARE
UNDER GOING CONSTRUCTION IN A SINGLE FAMILY RESIDEN-
TIAL DISTRICT AND TO PROVIDE FOR REMEDIES IF THOSE
RESTRICTIONS ARE VIOLATED; PROVIDING A GENERAL
REPEALER CLAUSE; A SAVINGS CLAUSE AND AN EFFECTIVE
DATE.
The City Commission will conduct two (2) Public Hearings for the pur-
pose of accepting public testimony regarding the proposed ordinance.
The first Public Hearing will be held on TUESDAY, JUNE 20, 2006, AT
7:00 P.M. in the Commission Chambers at City Hall, 100 N.W. 1st
Avenue, Delray Beach, Florida. If the proposed ordinance is passed
on first reading, a second Public Hearing will be held on TUESDAY,
JULY 11, 2006, AT 7:00 P.M. (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 t~ese 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 (emai~ at pzmail@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 DECISION 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
PROVIDE NOR PREPARE SUCH RECORD PURSU~NT TO F.S.
286.0105.
CITY OF DELRAY BEACH
Chevelle D. NUbin
City Clerk
PUBLISH: Monday, May 29, 2006
Monday, June 12, 2006
Thursday, July 6, 2006
Boca Raton/Delray Beach News
Ad#NS060551" "
CITY OF DELRAY BEACH
NOTICE OF PROPOSED AMEND-
MENT TO THE LAND DEVELOP-
MENT REGULATIONS BY
AMENDING SECTION 2.4.6,
"PROCEDURES FOR .
OBTAINING PERMITS AND
APPROVALS" SUBSECTION
2.4.6(B)(4). "CONDITIONS OF THE
PERMit" TO PROVIDE THAT
PROPERTY IN SINGLE FAMILY
RESIDENTIAL DISTRICTS MAY
ONLY BE ENTITLED TO ONE
EXTENSION FOR A
BUILDING PERMIT. AMENDING
SECTION 4.4.3, "SINGLE FAMILY
RESIDENTIAL '(R-1) DISTRICTS"
BY ENACTING SUBSECTIONS
4.4.3(1) "CONSTRUCTION SITE
CO NarTIONSIR ESTRICTIONS" ,
AND SUBSECTION 4.4.3(J),
"VIOLATI.ONS.OF 4.4.3(1)" TO
PROVIDE FOR.CONDITIONSAND
RESTRICTIONS FOR'.
STRUCTURES THAT ARE UNDER
GOING CONSTRUCTION INA
SINGLE FAMILY
RESIDENTIAL DISTRICT AND TO
. PROVIDE FOR REMEDIES IF
THOSE RESTRICTIONS ARE
VIOLATED
The City Commission of the City of Delray Beach, Flori~a', proposes to adopt the fol-
lowing ordinance;
ORDINANCE NO. 30-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AMENDING
SECTION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS AND APPROVALS.,
SUBSECTION 2.4.6(B)(4), "CONDITIONSOFTHE PERMIT", TO PROVIDE THAT
PROPERTY IN SINGLE FAMILY RESIDENTIAL DISTRICTS MAY ONLY BE ENTI.
TLED TO ONE EXTENSION FOR A BUILDING PERMIT; AMENDING SECTION
4.4.3. .SINGLE FAMILY RESIDENTIAL (R-ll DISTRICTS., BY ENACTING SUB-
SECTIONS 4.4,3(1), "CONSTRUCTION SITE. CONDITIONs/RESTRICTIONS.,
AND SUBSECTION 4.4.3(J), "VIOLATIONS OF 4.4.3(1)". TO PROVIDE FOR CON-
DITIONS AND RESTRICTIONS FOR STRUCTURES THAT ARE UNDER GOING
CONSTRUCTION IN A SINGLE FAMILY RESIDENTIAL DISTRICT AND TO PRO. '
VIDE FOR REMEDIES IF THOSE RESTRICTIONS ARE VIOLATED; PROVIDING
A GENERAL REPEALER CLAUSE: A SAVINGS CLAUSE AND AN EFFECTIVE
DATE.
The City Commission will conduct two (2) Public Hearingsior the purpose of accept-
ing public testimony regarding the proposed ordinance. The first Public Hearing will
be /Jeld on TUESDAY. JUNE 6. 2006. AT 7:00P.M. in the .Commission Chambers
at City Hall. 100 N, W. 1 st Avenue. Delray. Beach, Florida. .If the proposed ordinance
is passed on first reading. a second Public Hearing will be held on TUESDAY. JUNE
20. 2006. AT 7:00 P.M, (or at any continuation of such meeting which is set by the
CommiSSion) In the Commission C/Jambers at City Hall, 100 NW. 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 t/Je Planning and Zoning Department. For further information or
to obtain a copy of the proposed ordinance, please contect the Planning and Zoning
Department, City Hall,1 00 N. W. 1st Avenue, Delray Be,!}ch, Florida 33444 (email at
pzmail@mydelraybeach.com) or by calling 5611243-7040), between the hours of
8:00 a.m. and 5:00 p.m., Monday through Friday,excludlng holidays.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TOAPPEALANY DECISION
MA.DE BY THE CITY COMMISSION WiTH RESPECT TO ANY MATTER CONSID-
ERED 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 PROVIDE NOR
PREPARE SUCH RECORD PURSUANT TO ES. 286.0105.
CITY OF DElRAY BEACH
Chevelle D. Nubin
City Clerk
PUBLISH: Monday, May 29,2006
Monday, June 12, 2006
Boca AalOnlDelray B~ach News
Ad#NS060531
tc: ~ClIllJ{{~
~
'"
o
n
'"
:c
Sl.
o
::>
C
~
~
'"
'"
!1l
:::T
:z
'"
:;:
en
I
;s::
o
::>
c.
'"
:c
c.;.
c
::>
'"
~
.N
N
o
o
'"
.
~
c-
o
n
'"
::>
'"
:;:
en
n
o
3
4 Boca Raton/Delray Beach News - Monday, May '29, 2006 . www.bocanews.com
CITY OF DELRAY BEACH
NOTICE OF PROPOSED
AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS
BY AMENDING SECTION 2.4.6,
"PROCEDURES FOR
OBTAINING PERMITS AND
APPROVALS" SUBSECTION
2.4.6(B)( 4)J ~'CbNDITIONS OF
THE PERivIIT", TO PROVIDE
THAT PROPERTY IN SINGLE
FAMILY RESIDENTIAL DISTRICTS
MAY ONLY BE ENTITLED TO ONE
,EXTENSION FOR A
BUILDING PERMIT; AMENDING
SECTION 4.4.3 "SINGLE FAMILY
RESIDENTIAL (R-1) DISTRICTS"
BY ENACTING SUBSECTIONS
4.4.3(1} "CONSTRUCTION SITE
CONDITIONS/RESTRICTIONS" ,
AND SUBSECTION 4.4.3(J)
"VIOLATIONS OF'4.4.3(1)", Tb
PROVIDE FOR CONDitiONS
AND RESTRICTIONS FOR
STRUCTURES THAT ARE
UNDER GOING CONSTRUCTION
IN A SINGLE FAMILY
RESIDENTIAL DISTRICT AND TO
PROVIDE FOR REMEDIES IF
THOSE RESTRICTIONS ARE
VIOLATED
The City Commission of the City of Del ray Beach, Florida, proposes to adopt the fol.
lowing ordinance:
ORDINANCE NO. 30-06
AN ORDINANCE OFTHE CiTY COMMISSION OFTHE CITY OF DELRAY BEACH,
FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AMENDING SEC-
TION 2.4.6, "PROCEDURES FOR OBTAINING PERMITS AND APPROVALS",
SUBSECTiON 2A.6(B)(4), "CONDITIONS OF THE PERMIT', TO PROVIDE THAT
PROPERTY IN SINGLE FAMILY RESIDENTIAL DISTRICTS MAY ONLY BE ENTI-
.TLED TO ONE EXTENSION FOR A BUILDING PERMIT: AMENDING SECTION
4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DiSTRICTS", BY ENACTING SUB-
SECTIONS 4.4.3(1), "CONSTRUCTION SITE CONDITIONS/RESTRICTIONS",
AND SUBSECTION 4.4.3(J), "VIOLATIONS OF 4.4,3(1)", TO PROVIDE FOR CON-
DITIONS AND RESTRICTIONS FOR STRUCTURES THAT ARE UNDER GOING
CONSTRUCTION IN A SINGLE FAMILY RESIDENTIAL DISTRICT AND TO PRO-
VIDE FOR REMEDIES IF THOSE RESTRICTIONS ARE VIOLATED; PROVIDING'
A GENERAL REPEALER CLAUSE; A SAVINGS CLAUSE AND AN EFFECTIVE
DATE.
The City Commission will conduct two (2) PUblic Hearings for the purpose of accept-
ing pUblic testimony regarding the proposed ordinance. The first Public Hearing will
be held on TUESDAY JUNE 6 2006. AT 7:00 PM in the Commission Chambers at
City Hall, 100 N.W 1st Avenue, Del ray Beach, Florida. If the proposed ordinance
is passed on first reading, a second Public Hearing will be held on TUESDAY..l.U.Nf
20.2006 AT 7:00 P.M. (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, piease contact the Planning and Zoning
Department, City Hall. 100 N.W tst Avenue. Delray Beach, Florida 33444 (email at
Dzmail@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 PROVIDE
NOR PREPARE SUCH RECORD PURSUANT TO F.S. 286.0105.
CITY OF DELRAY BEACH
CheveUe D. Nubin
City Clerk
PUBLISH: Monday, May 29, 2006
Monday, June 12, 2006
Boca Raton/Delray Beach News
Ad#NS060531
~C',
Q tVld { tUUtLU