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Ord 12-07 f' " / '\ ORDINANCE NO. 12-07 AN ORDINANCE OF THE CITI COMMISSION OF THE CITI OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY CREATING SECTION 2.4.11, "DEVELOPER'S AGREEMENTS", TO PROVIDE FOR THE USE OF DEVELOPER'S AGREEMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 26, 2007, and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITI COMMISSION OF THE CITI OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 2.4.11, "Developer's Agreements", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby created to read as follows: 2.4.11 Developer's Agreements: Developer's Agreements shall be allowed if the City determines in its sole and absolute discretion that entering into such an agreement is in the best interests of the city. All Developer's Agreements shall conform to the provisions set forth in Florida Statutes ~~ 163.3220 through 163.3243. 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 r " / \. part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. Th"at this ordinance shall become effective immediately upon its passage on second and fInal reading. ~ l'ASSEp AND ADOPTED in regular session on second and final reading on this ';).~~y of ~ ,2007. ~f ~ ATTEST: ~.~ \).~~ City Clerk First Readin 2 ORD. NO. 12-07 MEMORANDUM TO: FROM: MAYOR AND CIlY COMMISSIONERS CIlY MANAGER PM AGENDA ITEM # 10. t - REGULAR MEETING OF MARCH 20. 2007 ORDINANCE NO. 12-07 SUBJECT: DATE: MARCH 16, 2007 This ordinance is before Commission for second reading for a city initiated amendment to the Land Development Regulations (LDR) , enacting Section 2.4.11, "Developer's Agreements", to allow the City to enter into Developer's Agreements, when it is in the best interest of the City. At the first reading on March 5,2007, the Commission passed Ordinance No. 12-07. Recommend approval of Ordinance No. 12-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ordinanee Agenda Memos\Ord 12-07 Amend LOR See 24.11 Developers Agent 03.20.07.doc 0/\ t4 FROM: TO: THRU SUBJECT: MEETING OF MARCH 5, 2007 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS) ENACTING SECTION 2.4.11, "DEVELOPER'S AGREEMENTS," TO ALLOW THE CITY TO ENTER INTO DEVELOPER'S AGREEMENTS. The item before the City Commission is approval of a City-initiated amendment to the Land Development Regulations to enact a new Section to allow the City to enter into Developer's Agreements, when it is in the best interest of the City. Florida Statutes permit Cities to enter into developer's agreements provided an Ordinance allowing such agreements is adopted. The Land Development Regulations currently do not contain language addressing this issue. Since the City may desire to enter into such agreements in the future, the proposed amendment will allow the City to do so. Under the proposed language, entering into such an agreement shall be at the sole and absolute discretion of the City, when it is in the best interest of the City. All developer's agreements must conform to provisions set forth in Florida Statutes. Pursuant to LOR 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. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The text amendment was considered by the Planning and Zoning Board on February 26,2007. No one from the public spoke on the issue. The Board discussed the Ordinance and recommended approval on a 5 to 0 vote (Halberg and Zacks absent), by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. By motion, approve on first reading Ordinance No. 12-07, amending the Land Development Regulations by creating Section 2.4.11, "Developer's Agreements," to allow the City to enter into Developer's Agreements, when it is in the best interest of the City, 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) of the Land Development Regulations, with second reading to occur on March 20, 2007. Attachments: · Ordinance No. 12-07 · Planning & Zoning Staff Report of February 26, 2007 I'?D ORDINANCE NO. 12-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY CREATING SECTION 2.4.11, "DEVELOPER'S AGREEMENTS", TO PROVIDE FOR THE USE OF DEVELOPER'S AGREEMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 26, 2007, and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 2.4.11, "Developer's Agreements", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby created to read as follows: 2.4.11 Developer's Ae:reements: Developer's Agreements shall be allowed if the City determines in its sole and absolute discretion that entering into such an agreement is in the best interests of the city. All Developer's Agreements shall conform to the provisions set forth in Florida Statutes ~~ 163.3220 through 163.3243. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _dayof ,200_. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD. NO. PLANNIN MEETING DATE: FEBRUARY 26, 2007 IV. I. AGENDA NO: AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRS) ENACTING SECTION 2.4.11, "DEVELOPER'S AGREEMENTS," TO ALLOW THE CITY TO ENTER INTO DEVELOPER'S AGREEMENTS. The item before the Board is that of making a recommendation to the City Commission regarding a City-initiated amendment to the Land Development Regulations to enact a new Section to allow the City to enter into Developer's Agreements when it is in the best interests of the City. 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. Florida Statutes permit Cities to enter into developer's agreements provided an Ordinance allowing such agreements is adopted. The Land Development Regulations currently do not contain language addressing this issue. Since the City may desire to enter into such agreements in the future, the proposed amendment will allow the City to do so. Under the proposed language, entering into such an agreement shall be at the sole and absolute discretion of the City, when it is in the best interest of the City. All developer's agreements must conform to provisions set forth in Florida Statutes. 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. 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. Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: · Progressive Residents of Delray (PROD) IV. I. " Planning and Zoning Board Memorandum Staff Report, February 26, 2007 Amendment to LDRs Pertaining to Developer's Agreements Page 2 · President's Council · Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. The purpose of this City-initiated LDR text amendment is to allow the City to enter into Developer's Agreements subject to provisions set forth in the Florida Statutes. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). Move a recommendation of approval to the City Commission for the text amendment to add LDR Section 2.4.11, "Developer's Agreements," to allow the City to enter into Developer's Agreements when it is in the best interests of the City, 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). Attachment: . Proposed Ordinance e c ~ LttnddtL- (W) Boca Raton/Delray Beach News - FridaY-Saturday, March 9-10, 2007 · www.bocanews.com12 100 ANNOUNCEMENTS 101 ~egal Notices ORDINANCE ND. 11-07 ORDINANCE OF THE CITY COM. ISSION OF THE CITY OF DELRAY EACH, flORIDA, AMENDING THE AND DEVELOPMENT flEGULA- IONS OF THE CODE OF ORDI. ANCES, BY AMENDING SECTION .7.2, 'APPLlCABILITY' TO PRO. DE THAT A MONETARY CONTRI- UflON MAY BE MADE RATHER HAN PROVIDING WORKFORCE OUSING; PROVIDING A SAVING LAUSE, A GENERAL REPEALER LAUSE. AND AN EFFECTIVE , ATE. I ORDINANCE NO_ 12-07 ORDINANCE OF THE CITY COM. ISSION OF THE CITY OF DELRAY I EACH, FLORIDA, AMENDING THE A. ND DEVELOPMENT REGULA. , IONS OF THE CODE OF ORDI. ANCES. BY CREATING SECTION .4.11, 'DEVELOPER'S AGREE. ENTS", TO PROVIDE FOR THE ; SE OF DEVELOPER'S AGREE. ! ENTS; PROVIDING A SAVING LAUSE. A GENERAL REPEALER LAUSE. AND AN EFFECTIVE ATE. ORDINANCE NO. 13-07 ORDINANCE OF THE CITY COM- ISSION OF THE CITY OF DELRAY EACH, FLORIDA, AMENDING THE NO DEVELOPMENT REGULA. IONS OF THE CODE OF ORDI- ANCES, BY AMENDING SECTION .5.1, 'ESTABLISHMENT OF PUBLIC RTS PROGRAM', SUBSECTION .5.1(C). "OWNERSHIP AND MAIN- ANCE"; SECTION 8.5.2, "PUBLIC T ADVISORY BOARD" TO PRO. IDE CLARIFICATION AS TO THE SE OF FUNDS FOR THE PUBLIC T PROGRAM; PROVIDING A SAy.. NG CLAUSE, A GENERAL REPEAL- R CLAUSE, AND AN EFFECTIVE I ATE. I lease be advised that if a person de. I . es to appeal any decision made by I he City Commission with respect to I nr ma"er considered at these hear- I ngs, such person may need tQ ensure ! hat a verbatim record includes the I' esUmony and evidence upon whi?h he appeal is 10 be based. The City Des not provide nor prepare such j ecora. PurSuatt to F8. 286.0105. : CITY OF DELRAY BEACH ! CheveUe D. N~ny&: i UBLISH: Friday. Ma<<1l9, 2007 a RaloolDelray Beach News CITY OF OEI.RAY BEACH,FlORIOA NOTICE OF PUBlIC HEARING PUBLIC HEARING wiB be held on following proposed 0flf1n8llCeS at :00 p.m. on TUESDAY, MARCH 20. 7 0( at any continuation of such eeling which is set by the mission), In II1e City Commission 100 NW. 1st Averue, Del. Be!ld1, FIOlida, at which time II1e Iy Commission will consider lheir doption. The proposed O(dlnances y be inspected at 1he 0Ifice of II1e ty Clerk at Clly Halt, 100 N.W. 1st venue. Delray Beach, Florida, be- een the hours 01 8:00 a.m. and 5:00 .m., Monday tlvough Ffiday. except . . AI interested pllI1ies are In- 'Ied to attend and be heaJd with re- peel to the proposed 0C'd1nances_ ORDINANCE NO. 9-07 N ORDINANCE OF THE CITY COM. ISSION OF THE CITY OF DELRAY EACH, flORIDA. REZONING AND LACING LAND PRESENTlY ON ED GC (GENERAL OMMERCIAL) DISTRICT TO AC AUTOMOTIVE COMMERCIAL) DIS- RICT; SAID LAND BEING A PAR. EL LOCATED ON THE EAST SIDE F DIXIE HIGHWAY, APPROX/. ATELY 1,250 FEET SOUTH OF ULF STREAM BOULEVARD. AS ORE PARTICUlARLY DESCRIBED EREIN; AMENDING 'ZONING MAP F DELRAY BEACH. FLORIDA. ARCH 2006"; PROVIDING " GEN- . RAL REPEALER CLAUSE. A SAV-I NG CLAUSE. AND AN EFFECTIVE ATE. ORDINANCE NO. 10-07 ORDINANCE OF THE CITY COM- ISSION OF THE CITY OF DElRAY EACH, FLORIDA. AMENDING THE AND DEVELOPMENT REGULA- IONS OF THE CODE OF ORDI. ANCES, BY AMENDING SECTION .4.19, 'MIXED INDUSTRIAL AND MERCIAL (MIC) DlSTRIC1"; EN. CTING SECTION 4.5.15. '.95/CSX AILROAD CORRIDOR OVERLAY ISTRIC1"; AMENDING SECTIONS .7. 'FINDINGS'. SECTION 4.7.1, DEFINITIONS'. SECTION 4.7.2, APPLICABILITY'. SECTION 4.7.5. DENSITY BONUS PROGRAM FOR HE SOUTHWEST 10TH STREET VERLAY D1STRICr, TO PROVIOE OR THE CREATION OF A NEW ORKFORCE HOUSING OVERLAY iISTRICT; PROVIDING A SAVING LAUSE, A GENERAL REPEALER . LAUSE, AND AN EFFECTIVE ATE.