59-95 ORDINANCE NO. 59-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.3(K)(7),
"EXCEPTIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, TO PROVIDE CRITERIA FOR THE
WAIVER OF DEVELOPMENT APPLICATION, PLAN CHECK AND
PERMIT FEES FOR ELIGIBLE NON-PROFIT AND SERVICE
ORGANIZATIONS; PROVIDING A GENERAL REPEALER CLAUSE, A
SAVING CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and
Zoning Board reviewed the subject matter at its meeting of September
18, 1995, and has forwarded the change with a recommendation of
approval by a vote of 6 to 0; 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
objectives and policies of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ That Chapter Two, "Administrative Provisions",
Article 2,4, "General Procedures", Section 2.4 .3, "Submission
Requirements" Subsection 2 4 3(K), "Fees", subparagraph 2 4 3(K)(7)
"Exceptions", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(7) Exceptions:
(a) Application and permit fees shall not apply to
requests initiated by the City, any agency of the
City, or by other units of government.
~¢ I1¢~ I1~¢~/ Waiver of payment of
development application, plan check and permit
fees may be aranted bv the City Manaaer uDon a
written request from eligible non-profit and
service organizations. Those organizations
eligible for waiver consideration are:
1. Non-profit organizations currently receivina
a portion of their annual operating budget
from the United Way and/or the City and
possessing a 501C(3) designation from the
State of Florida
'
2. Service organizations which elect to sponsor
~ ~rticipate in special event and/or fund
raising activities that are of benefit to the
g~n~ra~ public. For this purpose, eligible
organizations must provide in writing the
extent of their involvement with the proposed
activity, A group's physical presence
(active involvement) during the event is
(c) The waiver of fees is applied in the following
1. Fees assessed under Section 2.4.3¢K)(1~.
Development Applications. 100% of assessed
fees may be waiyed,
2. Fees assessed under Section 2.4.3(K)(2) and
(~), Plan Check and Permit Fees no more than
7Q~ Qf the asse~d fees may be waived.
All fees may be waived for the use of the
City's portable stage when used in
conjunction w~b special event activities and
activities held at Qity facilities,
~_~ That all ordinances or parts of ordinances in
conflict herewith be, and the same are hereby repealed.
~ 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.
~ That this ordinance shall become effective
immediately upon passage on second and final reading.
!i - 2 - Ord. No. 59-95
PASSED AND ADOPTED in regular session on second and final
reading on this the 24th day of October 1995
ATTEST:
c~y-~lork !
First Reading October 10, 1995
Second Reading October 24~ 1995
, - 3 - Ord. No. 59-95
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ /~ ~ - MEETING OF OCTOBER 24, 1995
PUBLIC HEARING FOR ORDINANCE NO. 59-95 (FEE WAIVER
CRITERIA FOR ELIGIBLE NON-PROFIT AND SERVICE ORGANIZA-
TIONS)
DATE: OCTOBER 20, 1995
This is second reading and public hearing for Ordinance No. 59-95
which amends Section 2.4.3 (K) (7) of the Land Development
Regulations concerning the criteria to waive development
application, plan check and permit fees for eligible non-profit
and service organizations.
In January of 1992 the City Commission approved a policy allowing
the City Manager to consider requests for fee waivers from
certain groups. The policy has been in effect and several
waivers have been approved. However, the applicable section of
the LDRs was never amended to incorporate the policy. Hence,
this amendment is a housekeeping item.
The Planning and Zoning Board considered this matter at public
hearing on September 18, 1995, and voted unanimously (6-0) to
recommend that the amendment be approved. At first reading on
October 10, 1995 the Commission passed the ordinance by a vote of
5-0.
Recommend approval of Ordinance No. 59-95 on second and final
reading.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: ~CITY MANAGER
SUBJECT: AGENDA ITEM ~ /~'~'- MEETING OF OCTOBER 10. 1995
FIRST READING FOR ORDINANCE NO. 59-95 (CRITERIA TO WAIVE
DEVELOPMENT APPLICATION. PLAN CHECK AND PERMIT FEES FOR
ELIGIBLE NON-PROFIT AND SERVICE QRGANIZATIONS)
DATE: OCTOBER 5, 1995
This is first reading for Ordinance No. 59-95 which amends Section
2.4.3(K)(7) of the Land Development Regulations concerning the
criteria to waive development application, plan check and permit
fees for eligible non-profit and service organizations.
In January of 1992, the City Commission approved a policy allowing
the City Manager to consider requests for fee waivers from certain
groups. The policy has been in effect and several waivers have
been approved. However, the applicable section of the LDRs was
never amended to incorporate the policy. Hence, this amendment is
a housekeeping item.
The Planning and Zoning Board considered this matter at public
hearing on September 18, 1995, and voted unanimously (6 to 0) to
recommend that the amendment be approved.
Recommend approval of Ordinance No. 59-95 on first reading. If
passed, a public hearing will be held on October 24, 1995.
ref:agmemol4
CITY COMMISSION DOCUMENTATION
thrU: I~i~l~E~l IxI~ ,~1~ i~O r
D~DARTMENT OF PLANNIN(~ AND ZONING
FROM: /JASMIN ALLEN, PLANNER
SUBJECT: MEETING OF OCTOBER 10, 1995
AMENDMENT TO LDR SECTION 2.4.3(K)(7) PROVIDING
CRITERIA TO WAIVE DEVELOPMENT APPLICATION AND
PERMIT FEES FOR CERTAIN NON-PROFIT AND SERVICE
ORGANIZATIONS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of an amendment to
LDR Section 2.4.3(K)(7), relative to exceptions to the requirement for the
payment of development application and permit fees.
BACKGROUND:
The City Commission approved a policy allowing the City Manager to consider
requests for fee waivers from eligible non-profit and service organizations on
January 21, 1992. Subsequently, several waivers have been approved in
accordance with the policy, however the LDRs were never amended to
incorporate the waiver policy. The attached Planning and Zoning Board staff
report provides additional background and an analysis of the request.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of September
18, 1995. There was no public testimony on the item. The Board voted
unanimously to recommend approval of the amendment.
City Commission Documentation
Amendment to LDR Section 2.4.3(K)(7) Providing Criteria to Waive Development Applications and
Permit Fees for Certain Non-Profit and Service Organizations
Page 2
RECOMMENDED ACTION:
By motion, approve the amendment providing for criteria to waive
development application and permit fees for certain non-profit and
service organizations, as provided in the attached ordinance.
Attachments:
· P&Z Staff Report of September 18, 1995
· Proposed LDR amendment
· Ordinance (by others)
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: SEPTEMBER '18, 1995
AGENDA ITEM: V.I. AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION 2.4.3(K)(7) PROVIDING FOR
CRITERIA TO WAIVE DEVELOPMENT APPLICATION
AND PERMIT FEES FOR CERTAIN NON-PROFIT
AND SERVICE ORGANIZATIONS
ITEM BEFORE THE BOARD:
The item before the Board is that of recommending to the City Commission
approval of an amendment to the Land Development Regulations to allow the
waiver of fees defined under Section 2.4.3(K)(1) "Development Applications" and
Section 2.4.3(K)(2) and (3) "Plan Check Fees" and "Permit Fees" for eligible
non-profit and service organizations.
BACKGROUND
With the adoption of the Land Development Regulations (LDRs) in October
1990, a waiver provision was provided for the payment of development
application and permit fees. The approval of fee waivers was by the City
Commission on a request by request basis. After considering several waivers
from for-profit and non-profit organizations the City Commission directed staff to
develop a policy regarding the waiver of fees for non-profit organizations.
On January 21, 1992, the City Commission approved the policy allowing the City
Manager to consider requests for fee waivers from eligible non-profit and service
organizations. Several waivers have been approved in accordance with the
policy. However the LDRs were never amended to incorporate the waiver policy.
ANALYSIS
The policy enacted by the City Commission allows the City Manager to consider
requests from eligible groups. Those eligible for waiver consideration are:
1. Non-profit organizations currently receiving a portion of their annual operating
budget from the United Way and/or the City and possessing a 501C(3)
designation from the State of Florida.
Planning and Zoning Board memorandum Staff Report
LDR Text Amendment - Waiver Provisions for Development Applications and Permit fees
Page 2
2. Service organizations who elect to sponsor and participate in special event
and/or fund raising activities that are of benefit to the general public. For this
purpose, eligible organizations must provide in writing the extent of their
involvement with the proposed activity. A group's physical presence (active
involvement) during the event is required.
The policy provides that 100% of assessed fees under Section 2.4.3(K)(1),
Development Applications, may be waived. Examples of those fees include
rezonings, site plans and conditional uses etc. Further, that no more than 70%
of the assessed fees under Section 2.4.3(K)(2) and (3), Plan Check and Permit
Fees may be waived. Also, all fees may be waived for the use of the City's
portable stage when used in conjunction with special event activities and
activities held at City facilities such as the Delray Affair.
The existing LDR provision regarding the waiver of payment of application fees
requires the City Commission to review waiver requests on a case by case
basis and is in conflict with this City policy. Thus it is appropriate to amend the
LDRs to be consistent with the established policy.
RECOMMENDED ACTION:
By motion, recommend that the City Commission approve the proposed
amendment to LDR Section 2.4.3(K)(7) as attached.
Attachment:
* Proposed Amendment
Report Prepared by: Jasmin Allen
PROPOSED AMENDMENT
LDR Section 2.4.3(K)
(7) Exceptions:
(b) Waiver of payment of development applications, plan check
and permit fees may be granted by the City_ Manager upon
a written request from eligible non-profit and service
organizations: Those organizations eligible for waiver
consideration are:
Non-profit organizations currently receiving a portion of their annual
operating budget from the United Way and/or the City. and
possessing a 501C(3) designation from the State of Florida.
Service organizations who elect to sponsor and participate in
special event and/or fund raising activities that are of benefit to the
general public. For this purpose, eligible organizations must
provide in writing the extent of their involvement with the proposed
activity. A group's physical presence (active involvement) during
the event is reo. uired.
(3) The waiver of fees is applied in the following manner:
(a) Fees assessed under Section 2.4.3(K)(1). Development
Applications. 100% of assessed fees may be waived.
(b) Fees assessed under Section 2.4.3(K)(2) and (3), Plan
Check and Permit Fees. no more than 70% of the assessed
fees may be waived.
All fees may be waived for the use of the City's portable
stage when used in con!unction with special event activities
and activities held at City facilities.
repfeel
~1~ OF THE CITY M
~H, FL~I~ ~EZ~ING AND
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(~UNtTY F~ILITIE~
AT THE ~T~EST C~NER
~RE~ AVENUE AND
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V~ING A ~NERAL REP~LER
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