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60-95 ORDINANCE NO. 60-95 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.2, "NOTICE REQUIREMENTS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY REPEALING SUBSECTION 2.4.2(B)(1) IN ITS ENTIRETY, AND ENACTING · . "NOTICE", TO CONFORM A NEW SUBSECTION 2 4 2(B)(1), NOTICE REQUIREMENTS FOR CERTAIN LAND DEVELOPMENT APPLICATIONS WITH STATUTORY REQUIREMENTS; 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: Section 1. That Chapter Two, "Administrative Provisions", Article 2,4, "General Procedures", Section 2.4.2, "Notice Requirements", Subsection 2.4.2(B), "Public Hearing Requirements", subparagraph 2.4.2(B)(1), "Notice", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby repealed in its entirety, and a new subparagraph 2.4.2(B)(1), "Notice", is hereby enacted to read as follows: (B) Public Hearing Requirements: The following notice requirements and hearing procedures shall be complied with whenever an action before a Board requires consideration at a public hearing. These requirements are in addition to any requirements for public hearing notice which are otherwise required by State Law or City Commission procedures. (1) Notice~ All public hearings shall be noticed through letters to property owners, legal advertisements, or display advertisements as set forth below. (a) Annexations: 1. Non-voluntary. Notice requirements contained within applicable sections of Florida Statutes Chapter 171 shall apply. [Amd. Ord. 2-95 1/17/95] 2. ~ Notice requirements contained within applicable sections of Florida Statutes Chapter 171 and City Charter Section 2.03 shall apply. In addition, the same procedures as are used for noticing a rezoning shall apply. [Amd. Ord. 2-95 1/17/95] (b) Privately Initiated Rezoning: Notice requirements contained within the applicable sections of Florida Statutes Chapter 166 shall apply. The City shall mail a letter notice of the Planning and Zoning Board public hearing to the owner(s) of all property located within five hundred feet (500') of the perimeter of the property being rezoned no later than ten (10) calendar days prior to the public hearing held before the Planning and Zoning Board. (c) City Initiated Rezoning: Notice requirements contained within the applicable sections of Florida Statutes Chapter 166 shall apply. The City shall provide notice of the Planning and Zoning Board public hearing in accordance with Chapter 166, Florida Statutes, except that letter notices will be mailed no later than ten (10) calendar days prior to the public hearing before the Planning and Zoning Board. In cases where letter notices are required, notice of the Planning and Zoning Board public hearing shall be made to the real property owner whose land is being changed as well as to the owner(s) of all property located within five hundred feet (500') of the perimeter of the property being rezoned. (d) Principal. Conditional or Prohibited Use ~ Notice requirements contained within the applicable sections of Florida Statutes Chapter 166 shall apply. (e) Conditional Uses: The City shall provide notice of the public hearing before the Planning and Zoning Board to the owners of all property located within five hundred feet (500') of the perimeter of the property on which the conditional use will operate. Notice shall be mailed no later than ten (10) calendar days prior to the public hearing before the Planning and Zoning Board. In addition, a public notice shall be published in the legal section of a newspaper and shall appear no later than ten (10) calendar days prior to said public hearing before the Planning and Zoning Board. - 2 - Ord. No. 60-95 (f) Variances before the Board of Adjustments: The City shall provide notice of the public hearing before the Board of Adjustment to the owners of all property located within five hundred feet (500') of the perimeter of the property on which the variance is being sought. Notice shall be mailed no later than ten (10) calendar days prior to the public hearing before the Board of Adjustment. (g) Variances before the Historic Preservation Board.- Notice shall be by mail in the same manner as in Subsection 2.4.2(B)(1)(f). (h) Amendments to the Comprehensive Plan: Notice requirements pursuant to Florida Statutes Chapter 163 shall apply. In addition, notice for proposed changes to the Future Land Use Map shall be noticed in the same manner as in Section 2.4.2(B)(1)(b) or (c), as appropriate. (i) Other Public Hearings: Ail other public hearings required in the implementation or amendment of these Land Development Regulations shall be advertised in the legal section of a newspaper at least ten (10) days prior to the hearing. (j) Concurrent Notice: When it is necessary to provide a letter notice of a public hearing for multiple hearings before one or more bodies, said notice may be combined within a single letter. (k) Form of Notice: Any notice for a public hearing, whether advertisement or letter, shall, at a minimum, contain the following: * Date of the public hearing * Purpose of the public hearing * Location of the property which is the subject of the hearing * Identification of the location of information about the subject of the public hearing (1) Newspaper Preference~ There is no legislative preference pertaining to the publication of required notices provided that the newspaper is published at least five days per week. - 3 - Ord. No. 60-95 (m) Establishment of Mailing List: Whenever notice is to be provided by a letter, the owners of property to be notified shall be considered to be those recorded on the latest official county tax roll. A list of such owners along with their mailing addresses shall be provided as a part of the development application and shall be accompanied by an affidavit stating that to the best of the applicant's knowledge, the list is complete and accurate. The list shall be accompanied by a drawing showing all property lying within five hundred feet (500') of the property under consideration, and mailing labels that would include the property owners names and mailing addresses. (n) Change in Project: During the course of processing, a development request which requires public hearing notice may be changed by the applicant without requiring renotice, provided that: * The change is not to a new zoning designation which is deemed to accommodate more intensive use; or * The change does not allow the introduction of a new type of use or another use which, in and of itself, is subject to a public hearing. Section 2. 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. PASSED AND ADOPTED in regular session on second and final reading on this the 24th day of Octob , 1995. ~Ci~y Cterk .... l First Reading October 10~ 1995 Second Reading October 24r 1995 - 4 - Ord. No. 60-95 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # /O '~. - MEETING OF OCTOBER 24, 1995 PUBLIC HEARING FOR ORDINANCE NO. 60-95 (NOTICE REQUIRE- MENTS) DATE: OCTOBER 20, 1995 This is second reading and public hearing for Ordinance No. 60-95 which amends Section 2.4.2(B) (1) of the Land Development Regulations to conform with recently enacted changes to the Florida Statutes concerning notice requirements. During the 1995 legislative session, the notice requirements for rezonings, Comprehensive Plan amendments initiated by the municipality, and changes to the permitted, conditional or prohibited uses within a zoning category were amended. The proposed ordinance keeps the LDRs consistent with statutory requirements. 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. 60-95 on second and final reading. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM ~ /~'~'' - MEETING OF OCTOBER 10o 1995 FIRST READING FOR ORDINANCE NO. 60-95 (NOTICE REOUIREMENTS) DATE: OCTOBER 5, 1995 This is first reading for Ordinance No. 60-95 which amends Section 2.4.2(B)(1) of the Land Development Regulations to conform with recently enacted changes to the Florida Statutes concerning notice requirements. During the 1995 legislative session, the notice requirements for rezonings, Comprehensive Plan amendments initiated by the municipality, and changes to the permitted, conditional or prohibited uses within a zoning category were amended. The proposed ordinance keeps the LDRs consistent with statutory requirements. 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. 60-95 on first reading. If passed, a public hearing will be held on October 24, 1995. ref:agmemo12 CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER DEPARTMENT_ O_F~/~LANNING AND ZONING FROM: ~ASMIN ALLEN, PLANNER SUBJECT: MEETING OF OCTOBER 10, 1995 AMENDMENT TO LDR SECTION 2.4.2(B)(1) REGARDING NOTICE REQUIREMENTS FOR CERTAIN LAND DEVELOPMENT APPLICATIONS ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is approval of an amendment to LDR Section 2.4.2(B)(1) relative to notice requirements for certain land development applications. BACKGROUND: The 1995 Legislative session amended notice requirements for certain land use items. Since the notice requirements within the LDRs were tailored after those contained within the Florida Statutes, the LDRs are no longer consistent with the new statute requirements. 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. RECOMMENDED ACTION: By motion, approve the amendment the Section 2.4.2(B)(1) notice requirements as provided in the attached ordinance. Attachments: · P&Z Staff Report of September 18, 1995 · Ordinance (by others) PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: SEPTEMBER 18, 1995 AGENDA ITEM: V.J. AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.2 (B)(I) REGARDING NOTICE REQUIREMENTS FOR CERTAIN LAND DEVELOPMENT APPLICATIONS ITEM BEFORE THE BOARD: The item before the Board is that of making a recommendation to the City Commission regarding amendments to the LDR's Sections 2.4.2(B)(1) (b), (c), (d), (e), (f), (g) and (h) notice requirements for certain land development applications and creating a new subsection, notice requirements for use changes within zoning districts. BACKGROUND With the adoption of the LDR's in 1990, the notice requirements for amendments to the Comprehensive Plan and Rezonings were tailored after those contained in Florida Statutes Sections 166.041 and 163.3184. In the 1995 legislative session, the notice requirements were amended for rezonings, amendments to the comprehensive plan initiated by the municipality, and changes to the permitted (principal), conditional or prohibited uses within a zoning category. The LDRs are no longer consistent with current statute requirements. ANALYSIS Under the former statute, the amount of land being rezoned determined the type of notice required. Formerly, the notice requirements depended upon whether the municipality was rezoning more or less than 5% of its land area. Under the new law, the line is drawn at "10 or more contiguous acres". If the amount of land being rezoned contains less than 10 contiguous acres, then individual notices should be sent to the individual property owners. If the ordinance will either change the permitted, conditional, or prohibited uses or Planning and Zoning Board Memorandum Staff Report Amendment to the Land Development Regulations Section 2.4.2(B), Notice Requirements Page 2 change the zoning map designation on parcels involving 10 contiguous acres or more, then notice is provided by published advertisements. With respect to changes in the permitted, conditional or prohibited uses, the notice requirements were not addressed by the LDRs. For the adoption of such ordinances the procedures contained in the statutes were followed. The former law only required compliance for ordinances which substantially changed the permitted use categories in zoning districts. Under the new law any ordinance initiated by the municipality which alters the permitted, conditionally or prohibited use must now comply with the stated notice procedures. Changes to the notice requirements regarding conditional uses and variances are solely housekeeping matters, eliminating references to the rezoning procedures and specifying the required procedures for those individual items. Rather than repeat the notification requirements that are contained within the Florida Statutes, the proposed amendment will simply refer to those existing requirements. Therefore, if the statutes are amended in the future, the LDR's will automatically be consistent with the amended provisions. RECOMMENDED ACTION: By motion recommend to the City Commission adoption of the LDR amendments to Section 2.4.2(B)(1)(b), (c), (d) (e) (0 (g) and (h) and enact a new subsection regarding use changes as follows: (B) Public Hearing Requirements: The following notice requirements and hearing procedures shall be complied with whenever an action before a Board requires consideration at a public hearing. These requirements are in addition to any requirements for public hearing notice which are otherwise required by State Law or City Commission procedures. (1) Notice: All public hearings shall be noticed through letters to property owners, legal advertisements, or display advertisements as set forth below. Planning and Zoning Board Memorandum Staff Report Amendment to the Land Development Regulations Section 2.4.2(B), Notice Requirements Page 3 (b) Privately Initiated Rezoning: Notice requirements contained within the applicable sections of Florida Statute Chapter 166 shall apply. The Cit.v shall mail a letter notice of the Planning and Zoning Board .Dublic hearing to the owner(s) of all property located within five hundred feet (500') of the perimeter of the property being rezoned no later than ten (10) calendar days prior to the public hearing held before the Planning and Zoning Board. (c) City_ Initiated Rezoning: Notice requirements contained within the applicable sections of Florida Statute Chapter 166 shall apply. The City. shall provide notice of the Planning and Zoning Board public hearing in accordance with Chapter 166. Florida Statute. except that letter notices will be mailed no later than ten (10) calendar days prior to the public hearing before the Planning and Zoning Board. In cases where letter notices are required, notice of the Planning and Zoning Board public hearing shall be made to the real property_ owner whose land is being changed as well as to the owner(s) of all property_ located within five hundred feet (500') of the perimeter of the property being rezon.ed. Repealing Section 2.4.2(B)(1)(d) and enacting a new subsection: (d) Principal. Conditional or Prohibited Use Changes: Notice requirements contained within the applicable sections of Florida Statute Chapter 166 shall apply. Planning and Zoning Board Memorandum Staff Report Amendment to the Land Development Regulations Section 2.4.2(B), Notice Requirements Page 4 (el Conditional Uses: The City shall provide notice of the public hearing before the Planning and Zoning Board tO the owners of all property_ located within five hundred feet (500'! of the perimeter of the property on which the conditional u~e will operate. Notice shall be mailed no later than ten (10) calendar days prior to the public hearing before the Planning and Zoning Board. In addition, a public notice shall be published in the legal section of a newspaper and shall appear no later than ten (10! calendar days prior to said public hearino before the Planning and Zoning Board. (fi. Variances before the Board of Adjustments: The City shall provide notice of the public hearing before the Board of Ad!ustment to the owners of all property located within five hundred feet (500') of the perimeter of the property_ on which the variance is being sought. Notice shall be mailed no later tharl ten (10) calendar days prior to the public hearing before the Board of Adjustment, (gl Variances before the Historic Preservation Board: Notice shall be by mail in the same manner as in Subsection 2.4.2(B)(l!(f). (h) Amendments to the Comprehensive Plan: Notice requirements pursuant to F.S. Chapter 163 shall apply. In addition, notice for proposed changes to the Future Land Use Map shall be noticed in the same manner as in Section 2.4.2(B) (1) (b) or {-d-)J~), as appropriate. Report Prepared by: Jasmin Allen lllllN, in I~e C~y ~ ORD(NANCE ~ THE CITY C~ ~1~ O~ THE CITY ~ ~H, FL~ ~EZ~N~ AND ~G ~D ~ESENT~Y ~ED ~ (~NNED ~FICE ~NTER) DISTRICT IN THE CF (WUNITY FAOLIT~ES) D~ ED &T THE ~T~ST C~NER ~ ~RE~ ~VENUE AMD ~KE ~ ~ ~ ~RE PARTICU~R- LY ~KD HEREIN; AND ~NDING ~NG ~P ~ ~Y BETH, F~t~ ~; PRG V~f~ A ~NERAL REP~LER ~U~, A ~Vl~ C~USE, AND M EFFE~IVE ~TE ~ ORDINAKE ~ THE OTY C~ W~ OF THE C;TY OF DELRAY ~CH, FL~ID~ REZOHING AND ~CING ~D PRESENTLY ~ED R-~ (SIDLE F~ILY ~E CI~ ~ ~LRAY BEACH, 8Y ~SI~NTI~) DISTRICT IN THE MENDING ~CTION 112.27, ~ (~UNITY FACIliTIES) ~ ~LTIPLE TRICT; ~lD ~NO BEING L~T. T~ ~ F~E A~ DE. ED AT THE ~THWE~T CORNER ~RED ~ N.W. ~D AVENUE AND N,W WD STREET, ~ ~RE PARTICU. I~(B), TO REVISE THE FEE ~RLY ~RiSED HERE/N: AND ~HEDULE F~ RES~SES TO MNOING ~IHG ~P OF ~L- F~ A~; PROVIDING A bY BEACH, FLORIDA, )~; PR~ bVl~ C~USE, A GENERAL RE- VIDING A GENERAL REPEALER ~ER C~USE, AND AN EFFEC. C~USE, A ~VING C~USE, AND T~TE AN EFFE~IVE DATE. ~ ~D~NAKE OF THE CiTY C~ ~ ~ ~ ~ ~ ~i~, ~I~ION OF THE CITY OF DELRAY B~CN, FL~IDA, REZ~IgG AND ~CiNG ~ND PRESENTLY ~51DENTIAL) DJST~CT IN THE CF (C~UNI?Y F~CILITIE~) TRtCT; ~ID LAND BEING L~T. ~S.~. ~h ~d. ~ ~ THE ~UT~ SI~E OF I~ ROAD, WEST OF AND ADJA. ~NT TO THE C~UN~TY CHfLD CJ~ OF DELRAY BEACH ~RE CENTER, AS MORE PART~C- U~RLY DESCRIBED HEREIH: C~C~k ~D ~ENDING ~ONtNG ~P OF ~VIDING A GENERAL RE~AL. ER C~USE. A ~VING C~USE, ~R~ly~h ~Ag EFF~CT)VE DATE ~ ~DINAgCE OF THE CiTy C~ ,~ ~ THE C~TY ~ DELRAY B~CH, FLOR~, ~ENDJNG SEC* THE ~ND ~VELOPMENT REGU- ~TI~S OF THE CITY OF DELRAY ~CH, TO P~OVI~ t~ THE WAIVER ~ DEVELOP- ~T APPLJ~TI~, P~N CHECK ~ PER~iT FEES FOR ELIG BLE ~IT AND SERVICE ~G~- ~ REPEA~ER C~E, A ~VING ~USE, A~D AN }~ ~OINANCE ~ THE CITY ~ T~ 2 4~ ~T;CE RE~IRE- M~, ~ THE ~O ~VELOP* MNT REGU~T~$ ~ THE CITY M ~LRAY B~H, BY ~ ~B~ 2.~(B)(/) IN ITS E~IRE~, ~D EN~TING A NEW ~ ~PO~ KTICE R~IRE- ~ATUTORY REtiREMENTS; ~ID~NG A ~gE~L REPEL* ER C~USE, A ~VING C~USE, ~D AN EFFECTIVE ~ ~DtNANCE ~ THE CiTY C~ ~ION OF THE CiTY ~ ~L~AY ~H, FL~IDA, ~EflDING C~ER 112, 'A~RM STST~', ~ THE CODE OP ORDINANCES O;