Loading...
Ord 18-07F \ ORDINANCE NO. 18-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BI' AMENDING SECTION 6.1.2, "STREETS AND ALLEYS", SUBSECTION 6.1.2(A), "IMPROVEMENT OBLIGATIONS", TO CORRECT THE REFERENCE TO AN LDR SECTION THAT HAS BEEN RELOCATED ELSEWHERE IN THE CODE; 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 April 16, 2007, and voted 4 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 Dekay Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Dekay Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: 'on 1. That the recitations set forth above are incorporated herein. ction 2. That Section 6.1.2, "Streets and Alleys", Subsection 6.1.2(A), "Improvement Obligations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (A) Improvement Obligations: Concurrent, or prior to, construction associated with an approved development application, the development shall provide for the construction of improvements as identified in Section 5.3.1(C) and off-site improvements to the following extents. (1) When the street or alley is totally contained within a subdivision or development project, all improvements necessary to accommodate the demands and impacts of the project shall be provided. I ~ (2) When the street or alley is located on a boundary of the project, the project is responsible for providing one-half of the current costs (in cash funds) of such improvements along its property line unless the project requires greater participation as follows in subsections (a) or (b). (a) When access to the project is provided from a local street and/or alley, then the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1(C) in .order to provide continuous paved access from the nearest paved street or alley to the project in addition to the improvements on its side of the center line of right-of--way. . (b) When additional travel lanes are required to accommodate demands made by the project, then the project needs to provide such additional traffic lanes in addition to the improvements on its side of the center line of right-of--way and those required by ... 6.1.2(Al (21(al. (3) Off-site improvements must be provided as imposed by conditions of approval on the development application. 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. ec ~on 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on secon d final reading on this 15~ day of Mme, 2007. `O`er ATTEST: MAYOR • \y~ City Clerk (~-~ First Readin ~ ~ 1 Second Readin ~ ,~ Q~ 2 ORD. NO. 18-07 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~j~V 1, SUBJECT: AGENDA ITEM # l ~= ~ -REGULAR MEETING OF MAY 15, 2007 ORDINANCE N0.18-07 DATE: MAY 11, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for a City initiated amendment to the Land Development Regulations (LDR), amending Section 6.1.2 "Streets and Alleys", Subsection 6.1.2(A), "Improvement Obligations", to correct a reference to an LDR Section that has been relocated elsewhere in the code. $ACKGROUND At the first reading on May 1, 2007, the Commission passed Ordinance No. 18-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 18-07 on second and final reading. S:\City Clerk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ckd 18-07 Amend LDR Sec 6.1.2 Streets & Alleys 2nd Reading.05.15.07.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: RONALD HOGGARD, AICP, PRINCIPAL PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND Z NIN THROUGH: CITY MANAGER l¢ DATE: APRIL 25, 2007 l 3 Q SUBJECT: AGENDA ITEM # 1 !•~' • cL~ -REGULAR MEETING OF MAY 1, 2007 CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRI, AMENDING SECTION 6.1.2 "STREETS AND ALLEYS". SUBSECTION 6.1.2(A1, "IMPROVEMENT OBLIGATIONS." ITEM BEFORE COMMISSION The item before the Board is approval of aCity-initiated amendment to the Land Development Regulations to correct a reference to an LDR Section that has been relocated elsewhere in the code. This section deals with the responsibility for off-site improvements to streets and alleys. 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. BACKGROUND On March 16, 1999, the City Commission adopted Ordinance No. 12-99, to clarify the requirement that all improved lots are to be accessed from a paved street, road or alley. The amendment included relocating most of Section 5.3.1(E), "Improvement Obligations," and its subsections to Section 6.1.2(A). Section 6.1.2(A)(2)(b) incorrectly references the old Section 5.3.1(E)(2)(a), which was relocated to 6.1.2(A)(2)(a). The purpose of this amendment is to correct that reference. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on April 16, 2007. No one from the public spoke on the issue. The Board recommended approval on a 4 to 0 vote (Pike stepped down), 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. RECOMMENDATION By motion, approve on first reading Ordinance No. 18-07, amending Land Development Regulations (LDRs) Section 6.1.2 "Streets and Alleys," Subsection 6.1.2(A), "Improvement Obligations," to correct the reference to an LDR section that has been relocated elsewhere in the code, 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), with second reading to occur on May 15, 2007. Attachments: ^ Ordinance No. 18-07 ^ Planning & Zoning Staff Report of April 16, 2007 ORDINANCE NO. 18-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 6.1.2, "STREETS AND ALLEYS", SUBSECTION 6.1.2(A), "IMPROVEMENT OBLIGATIONS", TO CORRECT THE REFERENCE TO AN LDR SECTION THAT HAS BEEN RELOCATED ELSEWHERE IN THE CODE; 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 April 16, 2007, and voted 4 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 DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 6.1.2, "Streets and Alleys", Subsection 6.1.2(A), "Improvement Obligations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (A) Improvement Obligations: Concurrent, or prior to, construction associated with an approved development application, the development shall provide for the construction of improvements as identified in Section 5.3.1(C) and off-site improvements to the following extents. (1) When the street or alley is totally contained within a subdivision or development project, all improvements necessary to accommodate the demands and impacts of the project shall be provided. (2) When the street or alley is located on a boundary of the project, the project is responsible for providing one-half of the current costs (in cash funds) of such improvements along its property line unless the project requires greater participation as follows in subsections (a) or ~)• (a) When access to the project is provided from a local street and/or alley, then the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1(C) in order to provide continuous paved access from the nearest paved street or alley to the project in addition to the improvements on its side of the center line ofright-of--way. (b) When additional travel lanes are required to accommodate demands made by the project, then the project needs to provide such additional traffic lanes in addition to the improvements on its side of the center line of right-of--way and those required by 3-3:1-(-~}(-~($} 6.1.2{AZ{2)(a). (3) Off-site improvements must be provided as imposed by conditions of approval on the development application. 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 day of , 200_ ATTEST MAYO R 2 ORD. NO. 18-07 City Clerk First Reading Second Reading ORD. NO. 18-07 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: APRIL 16, 2007 AGENDA NO: IV. C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDRs), AMENDING SECTION 6.1.2 "STREETS AND ALLEYS", SUBSECTION 6.1.2(A), "IMPROVEMENT OBLIGATIONS," TO CORRECT THE REFERENCE TO AN LDR SECTION THAT HAS BEEN RELOCATED ELSEWHERE IN THE CODE. ITEM BEFORE THE BOARD 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 (LDRs) Subsection 6.1.2(A), "Improvement Obligations," to correct the reference to an LDR Section that has been relocated elsewhere in the code. This section deals with the responsibility for off-site improvements to streets and alleys. 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. BACKGROUND /ANALYSIS On March 16, 1999, the City Commission adopted Ordinance No. 12-99, to clarify the requirement that all improved lots are to be accessed from a paved street, road or alley. Those changes were necessary, given a courts ruling in the Powell case that indicated that the LDRs, as written, "could not reasonably be interpreted to impose such a paving requirement." The inability of the Courts to interpret the LDRs came from confusion relating to the location of certain LDR sections, inappropriately located subsections, and lack of references to the regulations applying to alleys as well as to streets. The 1999 amendment included relocating most of Section 5.3.1(E), "Improvement Obligations," and its subsections to Section 6.1.2(A). Since Chapter 5 deals with Subdivision Regulations, this relocation was made to clarify the fact that the improvement obligations apply to all development in the City, not just subdivided property. Section 6.1.2(A)(2)(b) incorrectly references the old Section 5.3.1(E)(2)(a), which was relocated to 6.1.2(A)(2)(a). The purpose of this amendment is to correct that reference. REQUIRED F/NDlNGS LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR 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. IV. C. Planning and Zoning Board Memorandum Staff Report, April 16, 2007 Amendment to LDRs Pertaining to the Improvement Obligations for Streets and Alleys Page 2 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. REVIEW BY OTHERS Courtesy Notices: Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The purpose of this City-initiated LDR text amendment is to correctly reference an LDR Section that has been relocated elsewhere in the code. This correction will allow the requirements of the applicable Sections to be interpreted as they were intended. Positive findings can be made with respect to LDR Section 2.4.5(M)(5). RECOMMENDED ACTION Move a recommendation of approval to the City Commission for aCity-initiated amendment to the Land Development Regulations (LDRs), amending Section 6.1.2 "Streets and Alleys," Subsection 6.1.2(A), "Improvement Obligations," to correct the reference to an LDR section that has been relocated elsewhere in the code, 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 Amendment ~G ; ~ ~- e ldaJ sl~sra~ ~~~~ www.bocanews.com • Boca Raton/Delray Beach News -Friday/Saturday, Mayo-5, 2007 NOTICES 140 ANNOUNC€MENTS CfTY OF DELRAY BF-ACH,FLORIDA NOTICE OF PUBLIC HEARING II A PUBLIC HEARING will be held ary the folbwing proposed ordinances a 7:00 p. m. on TUESDAY, MAY 15, 2007 or at any continuation of suc meeting which is set by the Commission), in the Cdy Commission Chambers, 100 N.W. tsl Avenue, Del ray Beach, Florida, at which lime lh City Commission will consider ihei adoption. The proposed ordinance may be inspected at the Office of ih City Clerk al Cily Hall, 100 N.W. is Avenue, Delray Beach, Florida, be- tween the hours of 8:00 a.m. and 5: p.m., Monday through Friday, ezcep holidays. All interested parties are in vited to attend and be heard wim re-I sped to the proposed ordinances. ORDINANCE N0.18-07 AN ORDINANCE OF THE CITY COM MISSION OF THE CITY OF DELRA BEACH, FLORIDA, AMENDING THF, LAND DEVELOPMENT REGULA-I, TIONS OF THE CODE OF ORDI- NANCES, BY AMENDING SECTIO 6.12(A~, "IMPROVEMENT 08LIGA- TIONS", TO CORRECT THE REFER ENCE 70 AN LDR SECTION THA HAS BEEN RELOCATED ELSE WHERE IN THE CODE; PROVIDING A SAVING CLAUSE, A GENERAL RE PEALER CLAUSE, AND AN EFFEC TIVE DATE. ORDINANCE N0.19-07 AN ORDINANCE OF THE CITY COM MISSION OF THE CITY OF DELRA BEACH, FLORIDA, AMENDING CHAPTER 33, 'POLICE AND FIR DEPARTMENTS", SUBHEADING PENSIONS", OF THE CODE OF OR- DINANCES OF THE CITY OF DEL- - RAY BEACH, FLORIDA, BY AMEND- ING SECTIOPJ 33.687, °EARLY RE- TIREMENT INCENTIVE"; PROVID- ING A GENERAL REPEALER] CLAUSE; A SAVINGS CLAUSE; ANDI AN EFFECTIVE DATE. Please be atlvised Ihal if a person de-~ tides to appeal any decision made b the City Commission with respect I(~ any matter considered at these hear- ings, such person may need to ensure that a verbatim record includes the testimony and evidence upon whit the appeal is to be based. The Cil does not provide nor prepare such record. Pursuant to F.S.286 0705. CITY OF DELRAY BEACH CheveNe D. Nubin, CMC Clty CIerN Publish: Friday, May 4, 2007 i Boca RatonlDelray Beach News