Ord 20-07
ORDINANCE N0.20-07
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 4.4.25, "SPECIAL ACTNITIES DISTRICT
(SAD)", SUBSECTION 4.4.25(C), "REVIEW AND APPROVAL
PROCESS", TO PROVIDE FOR THE REVIEW AND APPROVAL OF
PLANS BY THE SITE PLAN REVIEW AND APPEARANCE BOARD
AND NOT THE PLANNING AND ZONING BOARD; 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 May 21, 2007, and voted 6 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 Ciry Commission of the Ciry of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the Ciry 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 4.4.25, "Special Activities District (SAD)", Subsection 4.4.25(C),
"Review and Approval Process", 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:
(C) Review and APtiroval Process:
(1) n ral: All SAD's are established by an ordinance which is processed as is a
rezoning. Concurrent with processing of the rezoning application, a complete site and development
plan with, at least, preliminary engineering plans shall be processed.
(2) Alternative Processing: A proposed SAD may proceed to first reading
based upon a lesser submission provided that, if approved on first reading, prior to second reading a
complete site and development plan including landscaping plans and architectural elevations must be
processed through, and approved. by the Site Plan Review and Appearance
Board. However, in no event shall the time between first and .second readings of the enacting
ordinance exceed a period of 180 calendar days. In such an event, the rezoning process shall cease
and the application considered denied without prejudice. A subsequent application may be processed
thereafter anew.
(3) Establishment: Vesting of a SAD project shall occur in the same manner as
set for the establishment of a site plan approval [reference Sections 2.4.4 (D) and (E)], except that
when the SAD is for a large Scale Mixed Use Development, the initial approval (validity) period shall
be specifically stated in the enacting ordinance, but shall, in no event, be less than six (6) years. In the
event that a SAD project does not become established, all uses, waivers, adjustments, and other
actions taken pursuant to the SAD shall be void. In order to proceed to establish the same, or
another, use it shall be necessary to process a rezoning request.
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
axe 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 19~ day of
une, 2007.
.~ ~ w
Q.~
ATTEST: MAYO R
~.
City Clerk
First Readin
Second Readin
oxD. rro. aao7
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # ~ ~ ~ ~ -REGULAR MEETING OF ~E 19, 2007
ORDINANCE N0.20-07
DATE: JUNE 15, 2007
ITEM BEFORE COMMISSION
This ordinance is before Commission for a City initiated amendment to the Land Development
Regulations (LDR), amending Section 4.4.25, "Special Activities District (SAD)", Subsection 4.4.25(C)
to shift the authority for approval of site plans, landscape plans, and architectural elevations from the
Planning and Zoning Board to the Site Plan Review and Appearance Board for projects located in the
Special Activities District (SAD).
BACKGROUND
At the first reading on June 4, 2007, the Commission passed Ordinance No. 20-07.
FUNDING SOURCE
N/A
RECOMMENDATION
Recommend approval of Ordinance No. 20-07 on second and final reading.
S:\City Ckrk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 20-07 Amendment LDR Sec 4.5.25 Special Activities Districtdoc
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: MARK MCDONNELL, AICP, ASSISTANT PLANNING AND ZONING DIRECTOR
PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
THROUGH: CITY MANAGER
DATE: MAY 30, 2007
SUBJECT: AGENDA ITEM # ~ ~ • ~ - REGULAR MEETING OF JUNE 4, 2007
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), AMENDING SECTION 4.4.25 "SPECIAL
ACTIVITIES DISTRICT (SAD)". SUBSECTION 4.4.25 (C1 "REVIEW AND
APPROVAL PROCESS."
ITEM BEFORE COMMISSION
The item before the Board is approval of aCity-initiated amendment to the Land Development
Regulations to shift the authority for approval of site plans, landscape plans, and architectural
elevations from the Planning and Zoning Board to the Site Plan Review and Appearance Board for
projects located in Special Activities Districts (SADs).
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
The current language in the LDRs places the authority to approve site and development plans,
landscape plans and architectural elevations associated with SAD-zoned properties with the
Planning and Zoning Board. Site plans, landscape plans and architectural elevations are typically
considered for approval by the Site Plan Review and Appearance Board (SPRAB), and this has
also been the practice with recent SAD projects. This is a corrective LDR text amendment to direct
approval authority to SPRAB consistent with all other zoning districts within the city.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on May 21, 2007. No one
from the public spoke on the issue. The Board recommended approval on a 6 to 0 vote, 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. 20-07, amending Land Development
Regulations (LDRs) Section 4.4.25 "Special Activities District (SAD)," Subsection 4.4.25 (C),
"Review and Approval Process," to shift the authority to approve plans located in SAD zoning
districts from the Planning and Zoning Board to the Site Plan Review and Appearance Board, 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 June 19, 2007.
Attachments:
^ Ordinance No. 20-07
^ Planning and Zoning Staff Report of May 21, 2007
ORDINANCE N0.20-07
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 4.4.25, "SPECIAL ACTIVITIES DISTRICT
(SAD)", SUBSECTION 4.4.25(C), "REVIEW AND APPROVAL
PROCESS", TO PROVIDE FOR THE REVIEW AND APPROVAL OF
PLANS BY THE SITE PLAN REVIEW AND APPEARANCE BOARD
AND NOT THE PLANNING AND ZONING BOARD; PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTNE 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 May 21, 2007, and voted 6 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 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:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Section 4.4.25, "Special Activities District (SAD)", Subsection 4.4.25(C),
"Review and Approval Process", 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:
(C) Review and Atitiroval Process:
(1) n ral: All SAD's are established by an ordinance which is processed as is a
rezoning. Concurrent with processing of the rezoning application, a complete site and development
plan with, at least, preliminary engineering plans shall be processed.
(2) Alternative Processing: A proposed SAD may proceed to first reading
based upon a lesser submission provided that, if approved on first reading, prior to second reading a
complete site and development plan including landscaping plans and architectural elevations must be
processed through, and approved by the Site Plan Review and Appearance
Board. However, in no event shall the time between first and second readings of the enacting
ordinance exceed a period of 180 calendar days. In such an event, the rezoning process shall cease
and the application considered denied without prejudice. A subsequent application may be processed
thereafter anew.
(3) Establishment: Vesting of a SAD project shall occur in the same manner as
set for the establishment of a site plan approval [reference Sections 2.4.4 (D) and (E)), except that
when the SAD is for a large Scale Mixed Use Development, the initial approval (validity) period shall
be specifically stated in the enacting ordinance, but shall, in no event, be less than six (6) years. In the
event that a SAD project does not become established, all uses, waivers, adjustments, and other
actions taken pursuant to the SAD shall be void. In order to proceed to establish the same, or
another, use it shall be necessary to process a rezoning request.
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 ox 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 day
of , 200_.
ATTEST
MAYOR
City Clerk
First Reading,
Second Reading
2 ORD. NO.
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING DATE: MAY 21, 2007
AGENDA NO: IV. B.
AGENDA ITEM: CONSIDERATION OF AN AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY
AMENDING SECTION 4.4.25, "SPECIAL ACTIVITIES DISTRICT
(SAD)", SUBSECTION 4.4.25(C), "REVIEW AND APPROVAL
PROCESS", TO PROVIDE FOR THE REVIEW AND APPROVAL OF
PLANS BY THE SITE PLAN REVIEW AND APPEARANCE BOARD
AND NOT THE PLANNING AND ZONING BOARD; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
ITEM BEFORE THE BOARD
The item before the Board is that of making a recommendation to the City Commission
regarding aCity-initiated amendment to the Land Development Regulations (LDRs) Subsection
4.4.25(C). This section deals with the specific board to which authority is given to approve a
complete site and development plan including landscaping plans and architectural elevations in
areas zoned Special Activities District (SAD).
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
The current language in the LDRs places the authority to approve site and development plans,
landscape plans and architectural elevations associated with SAD-zoned properties with the
Planning and Zoning Board. Site plans, landscape plans and architectural elevations are
typically considered for approval by the Site Plan Review and Appearance Board (SPRAB), and
this has also been the practice with recent SAD projects. This is a corrective LDR text
amendment to direct the authority to the SPRAB since this is consistent with approval of these
types of plans in all other zoning districts within the city.
REQUIRED FINDINGS
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.
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.
Planning and Zoning Board Memorandum Staff Report -May 21, 2007
Amendment of Code of Ordinances Section 4.4.25, SAD
REVIEW BY OTHERS
Courtesy Notice:
A courtesy notice was provided to the following civic association:
^ 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 redirect the authority to approve site
plans, landscape plans and architectural elevations for projects in SAD zoning districts from the
Planning and Zoning Board to the Site Plan Review and Appearance Board. 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 4.4.25 (C) to redirect the
authority to approve site plans, landscape plans, and architectural elevations associated with
SAD projects to the Site Plan Review and Appearance Board, 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 20-07
2
tuww.bocanews.com • Boca Raton/Delrav Beach News -Friday/Saturday, June 8-9, 2007 9
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ANNOUNCEMENTS
CRY OF DELRAY BEACH,FLORIDA
NOTICE OP PUBLIC HEARING
A PIIOLIC HEARING will be held o
the tdlowirtg proposed ordinance a
7:0p p.m. on TUESDAY, JUNE 19,
2007 or at any continuation of such
meeting which is set by th
Commission), in the City Commission
Chambers, 100 N.W. 1 st Avenue, Del
ray Beach, Fonda, at which time th
City Commission will consider it
adoption. The proposed ordinanc
may be inspected at the Office of th ,
City Clerk at City Hall, 700 N.W. 7s
Avenue, Delray Beach, Florida, be-
tween the (tours of 0:00 a.m. and 5:
p.m., Monday through Friday, etccep
hdidays. All interested parties are in
vited to attend and be heard with re
sped to the proposed ordinance.
ORDINANCE N0.2607
AN ORDINANCE OF THE CITY COM
MISSION OF THE CITY OF DELRA
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA-
TIONS OF THE CODE OF ORDI
NANCES, BY AMENDING SECTION(
4.4.25, 'SPECIAL ACTIVITIES DIS-
TRICT (SAD)', SUBSECTION,
4.4.25(C), 'REVIEW AND APPROVAL
PROCESS", TO PROVIDE FOR THE
REVIEW AND APPROVAL OF PLANS
8Y THE SITE PLAN REVIEW AND
APPEARANCE BOARD AND NOT
THE PLANNING AND ZONING
BOARD; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER
CLAUSE, ANO AN EFFECTIVE
DATE.
Please be advised that rt a person de~
fides 1o appeal any decision made by
the City Commission with respect to
any mtmer considered at these hear
ktgs, 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
reaM pursuarp to F.S. 2x6.0105.
CITY OF DELRAY BEACH
Chevelle D. Nubin, CMC
Cdy Clert
Pubxsh: Friday June 8, 2007
Borg RatortAekay Beach News