Ord 49-06
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ORDINANCE NO. 49-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SECTION 2.4.7(E), "APPEALS"
TO CLARIFY THE DEFINITION OF "APPEALS"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to ensure its
code provisions and procedures are clear to the public; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to clarify
what was doubtful and safeguard against misapprehension as to existing law. See, CifY of Pompano
Beach v. Haggerry, 530 So.2d 1023 at 1026 (Fla. 4th DCA 1988) reh'g. denied (Aug. 28, 1974); and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to amend
Section 2.4.7(E), "Appeals" to include the administrative interpretation of the ordinance as it applies
and has historically applied to all appeal hearings. See, CifY of Pompano Beach v. Haggerry, 530 So.2d
1023 at 1024 (Fla. 4th DCA 1988) reh'g. denied (Aug. 28, 1974); and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires that all
appeals be heard as a new hearing via de novo review in accordance with the City's quasi-judicial
procedures and not limited to the record below; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires that all
appeal hearings be heard anew as if no decision had been made below rather than having each
appellate board have to review voluminous transcripts and plans.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 2.4.7(E), "Appeals", of the Land Development Regulations of
the City of Delray Beach, Florida, shall be and the same is hereby amended to read as follows:
(E) Appeals: An appeal is a request for a review and reversal of any action
which if not appealed would be final. An appeal shall be conducted as a new eviden~
hearing via de novo review in accordance with the City's quasi-judicial procedures and shall
not be limited to the record below.
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(1) Rule: An appeal may be made of an administrative interpretation; or,
of any finding made by an approving body; or, of a decision made by an approving body,
The appeal of an administrator shall be appealed to the Board for which such power has
been granted; an appeal of an approving board's action shall be made to the City
Commission. All such actions are appealable unless an appeal is expressly prohibited. An
appeal may be made by an aggrieved party.
(2) Required Information: An appeal by an aggrieved party must be
made 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; and,
. The name of the appellant and the appellant's interest in the
matter.
(3) Procedure: The following procedures shall be adhered to in the
processing of any appeal:
(a) Receipt of the letter of appeal from the aggrieved party, by
the City Clerk, within ten (10) working days of the action
being appealed. When the appeal is by the City Commission,
it shall be made no later than that meeting of the Commission
at which the Board's action is reported to it.
(b) Consideration of the appeal at the next regular meeting of the
body who is to act upon it provided that the appeal has been
received in time for proper placement on that agenda.
(c) Consideration of the appeal at which time the appeal may be
granted, denied, or set for further consideration.
(4) Conditions:
(a) The granting of an appeal of an interpretation or application
of regulations is not subject to conditions.
2
ORD NO. 49-06
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(b)
The granting of an appeal pertalnlng to a decision on a
development application may be conditioned in the same
manner as the development application may have been
conditioned.
(5) Findings:
(a) The granting of an appeal of an interpretation or application
of regulations requires only a finding that the administrative
officer was incorrect in the application of the regulation.
(b) The granting of an appeal pertaining to a decision on a
development application must consider those items upon
which a finding is required and the appellate body must make
findings on those items.
(6) Stay of Previous Action:
(a) General: Whenever an appeal is filed, the action being
appealed shall be stayed i.e. the development application or
appealed part thereof shall be considered neither approved or
denied.
(b) Proceeding at Risk: If an appeal is filed for an action that is
precedent for another action (e.g. site plan approval
preceding plat approval), the applicant may proceed with the
submittal and processing of further development applications
but only at his or her own risk.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4.
final reading.
That this ordinance shall become effective upon its passage on second and
3
ORD NO. 49-06
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P AS~ AND ~ED in regular session on second and fInal rea g on
of ~ _ ,2006.
ay
ATTEST:
~~.\J\~N
City Clerk
First Reading 0\,\5 \O'v
Second Reading ~ '-{)\s1
~l4-
YOR
4
ORD NO. 49-06
MEMQRANDUM
TO:
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERCflt/l
AGENDA ITEM #\\:}. ~- REGULAR MEETING OF SEPTEMBER 19, 2006
ORDINANCE NO. 49-06
SUBJECT:
DATE:
SEPTEMBER 15, 2006
This ordinance is before Commission for second reading and public hearing to amend Land
Development Regulations (LDR) Section 2.4.7(E) "Appeals" in order to clarify the appeals process.
At the first reading on September 5, 2006, the Commission passed Ordinance No. 49-06.
Recommend approval of Ordinance No. 49-06 on second and final reading.
S:\City Clerk\agenda memos\Ord 49-06 Amend LDR Section 24.7(E) 091906
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FROM:
DAVI~r0HARD , C Y MANAGER
PAUL rO~G, AICP, I ECTOR OF PLANNING & ZONING
MEETING OF SEPTEMBER 5, 2006 - REGULAR AGENDA
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRs) SECTION 2.4.7{E) "APPEALS",
TO PROVIDE REGULATIONS THAT APPEALS SHALL BE HEARD AS A
NEW HEARING IN ACCORDANCE WITH THE CITY'S QUASI-JUDICIAL
PROCEDURES.
TO:
SUBJECT:
The item before the City Commission is approval of City-initiated amendment to the Land
Development Regulations to require that all appeals be heard as a new hearing. Pursuant to
Section 1.1.6, an amendment to the text of the Land Development Regulations may not be
made until a recommendation is obtained from the Planning and Zoning Board.
The proposed amendment will add language clarifying that all appeals shall be conducted as a new
hearing via de novo review in accordance with the City's quasi-judicial procedures and shall not be
limited to the record from the Board from which the appeal is sought. As there has been some past
confusion as to whether new information can be considered with an appeal this language will help
clarify that issue. The proposed amendment is consistent with and furthers the Goals, Objectives and
Policies of the Comprehensive Plan, The amendment relates to administrative procedures and is
minor in nature, The amendment provides procedural clarification relating to how appeals are to be
heard and conducted.
The Planning and Zoning Board held a public hearing on this request on August 21, 2006.
The Board voted 6 to 0 to recommend to the City Commission approval of the amendment to
Land Development Regulations by adopting the findings of fact and law contained in the staff
report and finding that the request is consistent with the Comprehensive Plan and meets
criteria set forth in Section 2.4.5(M) of the Land Development Regulations.
Approve the City Initiated amendment to Section 2.4.7(E)" Appeals" to provide that appeals be heard
as a new hearing in accordance with the City's Quasi-Judicial procedures by adopting the findings of
fact and law contained in the staff report and finding that the request is consistent with the
Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Oevelopment
Regulations,
Attachments:
· Proposed Ordinance
· Staff Report of August 21, 2006
I? W
ORDINANCE NO. 49-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING SECTION 2.4.7(E), "APPEALS"
TO CLARIFY THE DEFINITION OF "APPEALS"; PROVIDING A
GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to ensure its
code provisions and procedures are clear to the public; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to clarify
what was doubtful and safeguard against misapprehension as to existing law. See, City of Pompano
Beach P. Haggerty, 530 So.2d 1023 at 1026 (Fla. 4th DCA 1988) reh'g. denied (Aug. 28, 1974); and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to amend
Section 2.4.7(E), "Appeals" to include the administrative interpretation of the ordinance as it applies
and has historically applied to all appeal hearings. See, City of Pompano Beach P. Haggerty, 530 So.2d
1023 at 1024 (Fla. 4th DCA 1988) reh'g. denied (Aug. 28, 1974); and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires that all
appeals be heard as a new hearing via de nolJO review in accordance with the City's quasi-judicial
procedures and not limited to the record below; and
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires that all
appeal hearings be heard anew as if no decision had been made below rather than having each
appellate board have to review voluminous transcripts and plans.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 2.4.7(E), "Appeals", of the Land Development Regulations of
the City of Delray Beach, Florida, shall be and the same is hereby amended to read as follows:
(E) Appeals: An appeal is a request for a review and reversal of any action
which if not appealed would be final. An appeal shall be conducted as a new evidentiary
hearing via de nolJO review in accordance with the City's quasi-judicial procedures and shall
not be limited to the record below.
(1) Rule: An appeal may be made of an administrative interpretation; or,
of any finding made by an approving body; or, of a decision made by an approving body.
The appeal of an administrator shall be appealed to the Board for which such power has
been granted; an appeal of an approving board's action shall be made to the City
Commission. All such actions are appealable unless an appeal is expressly prohibited. An
appeal may be made by an aggrieved party.
(2) Required Information: An appeal by an aggrieved party must be
made 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; and,
. The name of the appellant and the appellant's interest in the
matter.
(3) Procedure: The following procedures shall be adhered to in the
processing of any appeal:
(a) Receipt of the letter of appeal from the aggrieved party, by
the City Clerk, within ten (10) working days of the action
being appealed. When the appeal is by the City Commission,
it shall be made no later than that meeting of the Commission
at which the Board's action is reported to it.
(b) Consideration of the appeal at the next regular meeting of the
body who is to act upon it provided that the appeal has been
received in time for proper placement on that agenda.
(c) Consideration of the appeal at which time the appeal may be
granted, denied, or set for further consideration.
(4) Conditions:
(a) The granting of an appeal of an interpretation or application
of regulations is not subject to conditions.
2
ORD NO. 49-06
(b) The granting of an appeal pertaining to a decision on a
development application may be conditioned in the same
manner as the development application may have been
conditioned.
(5) Findings:
(a) The granting of an appeal of an interpretation or application
of regulations requires only a finding that the administrative
officer was incorrect in the application of the regulation.
(b) The granting of an appeal pertaining to a decision on a
development application must consider those items upon
which a finding is required and the appellate body must make
findings on those items.
(6) Stay of Previous Action:
(a) General: Whenever an appeal is filed, the action being
appealed shall be stayed i.e. the development application or
appealed part thereof shall be considered neither approved or
denied.
(b) Proceeding at Risk: If an appeal is filed for an action that is
precedent for another action (e.g. site plan approval
preceding plat approval), the applicant may proceed with the
submittal and processing of further development applications
but only at his or her own risk.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 4.
final reading.
That this ordinance shall become effective upon its passage on second and
3
ORD NO. 49-06
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
ORD NO. 49-06
MEETING DATE:
AUGUST 21, 2006
V.E
AGENDA NO.:
AGENDA ITEM:
CONSIDERATION OF CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRs) SECTION 2.4.7(E) "APPEALS",
TO PROVIDE REGULATIONS THAT APPEALS SHALL BE HEARD AS A
NEW HEARING IN ACCORDANCE WITH THE CITY'S QUASI-JUDICIAL
PROCEDURES.
The item before the Board is that of making a recommendation to the City Commission regarding a
City-initiated amendment to the Land Oevelopment Regulations to require that all appeals be heard
as a new hearing,
Pursuant to Section 1.1,6, an amendment to the text of the Land Oevelopment Regulations may not
be made until a recommendation is obtained from the Planning and Zoning Board.
The proposed amendment will add language clarifying that all appeals shall be conducted as a new
hearing via de novo review in accordance with the City's quasi-judicial procedures and shall not be
limited to the record from the Board from which the appeal is sought. As there has been some past
confusion as to whether new information can be considered with an appeal this language will help
clarify that issue.
REQUIRED FINDINGS
LOR Section 2.4.5(M)(5) (Findinas): 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.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the
no applicable Objectives, Policies, or Goals were noted, While the amendment does not specifically
further the goals, objectives and policies it is not inconsistent with them,
Oue to the administrative nature of this amendment no other Boards have reviewed the
amendment. Likewise no individual, or organizations nor homeowner groups were noticed.
VE.
Planning and Zoning Board Memorandum Staff Report, August 21, 2006
Amendment to LDRs Pertaining to Appeals
The proposed amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan. The amendment relates to administrative procedures and is minor in nature.
The amendment provides procedural clarification relating to how appeals are to be heard and
conducted,
Move to recommend to the City Commission approval of the City-initiated amendment to Section
2.4.7(E)" Appeals" to provide that appeals be heard as a new hearing in accordance with the
City'sQuasi-Judicial procedures by adopting the findings of fact and law contained in the staff report
and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in
Section 2.4.5(M) of the Land Oevelopment Regulations.
Attachment:
· Proposed Ordinance
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