83-95 ORDINANCE NO. 83-95
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.2.3, "THE
SITE PLAN REVIEW AND APPEARANCE BOARD", SECTION
2.2.6, "THE HISTORIC PRESERVATION BOARD", AND SECTION
4.6.16, "LANDSCAPE REGULATIONS", SUBSECTION
4.6.16(C), "COMPLIANCE AND RELIEF", OF THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH,
BY ASSIGNING THE AUTHORITY TO GRANT WAIVERS TO
LANDSCAPE REGULATIONS TO THE SITE PLAN REVIEW AND
APPEARANCE BOARD AND THE HISTORIC PRESERVATION BOARD,
AS APPROPRIATE; 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 the meeting on November
20, 1995, and voted unanimously to forward the change with a
recommendation of approval; 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 2.2, "Establishment of Boards Having Responsibilities for Land
Development Regulations", Section 2.2.3, "The Site Plan Review and
Appearance Board", Subsection 2.2.3(D), "Duties, Powers, and
Responsibilities", of the Land Development Regulations of the City of
Delray Beach, Florida, be, and the same is hereby amended to read as
follows:
(D) Duties, Powers, and Responsibilities:
(1) The Board hereby has the authority to take action
on the following items pursuant to the procedures and standards of the
LDRs:
* Certain site and development plans, as provided in
this code
* Granting of relief from the number of parking
spaces required for specific uses pursuant to
Section 4.6.g(c)(1)(g)
~ Granting of relief to Section 4.6.16 through the
waiver process [Section 2.4.7[B)]
* Preliminary and final landscape plans
* Master Sign Programs
* Signage as allowed by Section 4.6.7
* Appeal of administrative interpretations made in
application of the sign code and the landscaping
code
* Architectural Elevations
* Streetscape and landscape features (e.g. walls,
fences, lighting, dumpster enclosures, etc.)
(2) To provide "good offices" and assistance to other
governmental boards, commissions, and committees in the fulfillment of
goals, objectives and policies of the Comprehensive Plan.
~ That Chapter Two, "Administrative Provisions",
Article 2.2, "Establishment of Boards Having Responsibilities for Land
Development Regulations", Section 2.2.6, "The Historic Preservation
"Duties Powers and Responsibilities"
Board", Subsection 2.2.6(D),
subparagraph 2.2.6(D)(6), of the Land Development Regulations of the
City of Delray Beach, Florida, be, and the same is hereby amended to
read as follows:
(6) Act in lieu of Board of Adjustment. The Historic
Preservation Board shall act in lieu of the Board of Adjustment and is
empowered to grant variances from existing ordinances for properties
designated as historic sites, within designated historic districts or
listed on the Local Register of Historic Places. In addition, the
Board is empowered to grant variances from the sign code for those
nonconforming signs which existed at the time of enactment of the sign
code and relief to Section 4.6.16 through the waiver process [Section
~_~ That Chapter Four, "Zoning Regulations", Article
4.6, "Supplemental District Regulations", Section 4.6.16, "Landscape
Regulations", Subsection 4.6.16(C), "Compliance and Relief", of the
Land Development Regulations of the City of Delray Beach, Florida, be,
and the same is hereby amended to read as follows:
(C) Compliance and Relief:
(1) Compliance: Prior to the issuance of a building
permit for structure or any paving permit, or prior to proposed
upgrading of landscaping on an existing site (excluding existing
single family detached development), compliance with the requirements
of this Section 4.6.16 shall be assured through the review and
approval of a landscape plan submitted pursuant to Section 2.4.3(C).
- 2 - Ord. No. 83-95
(~ Relief: ~~11~#~11~11~¢~~#11~11~
of the requirements of this section may be granted by the bod~ or
board which is empowered to approve or deny the site and development
plan. Waivers shall be aranted pursuant to the provisions of Section
2.4.7[B). Waivers.
~ 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 9th day of January , 1996.
ATTEST:
~ City Cl~rk '
First Reading December 5r 1995
Second Reading January 9r 1996
- 3 - Ord. No. 83-95
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY
SUBJECT: AGENDA ITEM ~ /o'C'- MEETING OF JANUARY 9. 1996
SECOND READING AND PUBLIC HEARING FOR ORDINANCE NO. 83-95
(AUTHORITY TO GRANT WAIVERS TO THE LANDSCAPE REGULATIONS)
DATE: JANUARY 3, 1996
This is second reading and public hearing for Ordinance No. 83-95
which amends various sections of the Land Development Regulations
by assigning the authority to grant waivers to landscape
regulations to the Site Plan Review and Appearance Board and the
Historic Preservation Board, as appropriate.
Currently, waivers to the landscape regulations must be acted upon
by the City Commission, subsequent to a recommendation by the Board
that approves the site plan (SPRAB or HPB). Typically, waiver
requests are routine items that are placed on the Commission's
consent agenda. Referring the waivers to the Commission generally
adds several weeks to the site plan process and requires additional
staff time in preparing and reviewing special documentation. This
amendment will allow the approving boards to take final action on
the waivers. As with all other board actions, the Commission would
have the ability to appeal the waivers. For additional background
and analysis, please refer to the Planning and Zoning staff report.
The Planning and Zoning Board considered this item at public
hearing on November 20, 1995. There was no public testimony, and
the Boar~ voted unanimously to recommend that the amendments be
approved. At first reading on December 5, 1995, the Commission
passed the ordinance by unanimous vote.
Recommend approval of Ordinance No. 83-95 on second and final
reading.
ref:agmemol4
CITY COMMISSION DOCUMENTATION
TO: DAVID T. HARDEN, CITY MANAGE(I~<::: ~
FROM: DIANE DOMINGUEZ, DIRECTOR ~
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF DECEMBER 6, 1995
AMENDMENT TO LDR SECTIONS 2.2.3 (D), 2.2.6(D)(6) AND
4.4.16(C)(2), REGARDING THE AUTHORITY TO GRANT WAIVERS
TO THE LANDSCAPE REGULATIONS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is approval of a request for amendments
to the Land Development Regulations regarding waivers to the landscape code. The
affected sections are 2.2.3 The Site Plan Review and Appearance Board, 2.2.6 The
Historic Preservation Board. and 4.1.16 Landscape Regulations.
BACKGROUND:
Currently, waivers to the landscape regulations must be acted upon by the City
Commission, subsequent to a recommendation by the Board that approves the site
plan (SPRAB or HPB). Typically, waiver requests are routine items that are placed on
the Commission's consent agenda. Referring the waivers to the Commission generally
adds several weeks to the site plan process, and requires additional staff time in
preparing and reviewing special documentation. This amendment will allow the
approving boards to take final action on the waivers. As with all other board actions,
the Commission would have the ability to appeal the waivers.
For additional background and analysis, refer to the attached P & Z staff report.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board considered this item at its meeting of November 20,
1995. There was no public testimony on the item, and the board voted unanimously to
approve the LDR amendments.
RECOMMENDED ACTION:
[] By motion, approve the amendments to LDR Sections 2.2.3, 2.2.6, and
4.6.16 of the Land Development Regulations
Attachments:
· P & Z Staff Report of November 20, 1995
· Ordinance by others /o~ . I~ ,
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: NOVEMBER 20, 1995 .'
AGENDA ITEM: V.K. AMENDMENT TO LDR SECTIONS 2.2.3(D), 2.2.6
(D)(6), 4.6.16(C)(2) WHICH ASSIGNS AUTHORITY
TO GRANT WAIVERS TO THE PROVISIONS OF
THE LANDSCAPE CODE.
ITEM BEFORE THE BOARD:
The item before the Board is that of making a recommendation to the City
Commission regarding amendments to Sections 2.2.3, 2.2.6, and 4.6.16 of the
Land Development Regulations (Landscape waivers).
BACKGROUND:
Prior to the adoption of the LDR's in October, 1990 all adjustments, waivers
and variances of the code were granted by the City Commission and the Board
of Adjustment, respectively. With the adoption of LDR's certain waiver and
variance powers Were delegated to Boards which act on the attendant
development plans. These included the Historic Preservation Board which can
act in lieu of the Board of Adjustment in granting variances from existing
ordinances for Historic Sites and the sign code for nonconforming signs under
Section 2.2.6 (D)(6). The Site Plan Review and Appearance Board has the
authority to grant relief from number of parking spaces [Section 4.6.9 (C)(1)(g)]
as noted in Section 2.2.3. (D)(1). In addition, both the Historic Preservation
Board and the Site Plan Review and Appearance Board have the authority
under Section 2.4.7(C) to grant an adjustment involving a lessening, or total
waiver of development standards which affect the spa, Cial relationship among
improvements which do not affect the perimeter of an overall development plan.
Presently, waivers from the Landscape Code (LDR Section 4.6.16) can only be
granted by City Commission pursuant to Section 4.6.16 (C)(2). These waivers
are reviewed by the Boards which act on the attendant site development plans
and recommendations are then made to City Commission. The waiver requests
are then placed on the City Commission's Consent Agenda for approval. In
reviewing the landscape waivers considered by City Commission in the last year
it is noted that twelve waiver requests were placed on the City Commission's
agenda and all were approved with no discussion. Given the greater familiarity
with the request, as well as the additional staff time necessary to prepare City
Commission documents etc. it would appear appropriate to allow the Boards
which act on the attendant site plans to grant landscape waivers. The City
Commission would still maintain ultimate approval as any waiver would be
appealable by City Commission as with other Board actions.
V.K.
ANALYSIS:
Allowing the Boards which act on the attendant site plans to grant waivers to the
landscape code (Section 4.6.16 ) will require amendment of three LDR Sections.
These include Sections 2.2.3 , Section 2.2.6 and Section 4.6.16 (C)(2).
Sections 2.2.3 and 2.2.6 outline the responsibilities of the Site Plan Review and
Appearance Board and the Historic Preservation Board, respectively. The
proposed amendments to these sections will add "granting of relief 'from the
landscape code through the waiver process" as powers of each Board. The
proposed amendment to Section 4.6.16 (C)(2) will remove language which
currently limits the waiver of the landscape code to City Commission only and will
result in a more efficient process. Boards will be required to make the same
findings now required of City Commission as listed under Section 2.4.7 (B).
Section 2.4.7 (B)(5) requires that prior to granting a waiver, the granting body
shall make a finding that the granting of the waiver:
* Shall not adversely affect the neighboring area;
* Shall not significantly diminish the provision of public facilities;
* Shall not create an unsafe situation; or,
* Does not result in the granting of a special privilege in that the same
waiver would be granted under similar circumstances on other property
for another applicant or owner.
ALTERNATIVE ACTIONS:
1. Continue with direction.
2. Recommend approval of the LDR amendments to Sections 2.2.3., 2.2.6
and 4.6.16.
3. Recommend denial of the LDR amendments with reason stated.'
RECOMMENDED ACTION;
By motion, recommend approval of the amendments to Sections 2.2.3, 2.2.6 and
4.6.16 of the Land Development Regulations to the City Commission.
Attachments
* Proposed LDR amendments
Section 2.2.3 The Site Plan Review and Appearance Board
(A) Creation: A Site Plan Review and Appearance Board for the City
of Delray Beach is hereby created. The purpose of this Board is to promote
certain functional and aesthetic goals, objectives and policies as set forth in the
City's Comprehensive Plan.
(B) Composition ,and Special Qualifications:
(1) The Site Plan Review and Appearance Board shall consist
of seven regular members.
(2) One regular member of the Board shall be a registered
architect; one member shall be a landscape architect or a person With expertise
in landscaping or horticulture; and one member shall be either a registered
architect or a registered professional civil.engineer. [Amd. Ord. 23-92~' 81'11192]
(C). Meetings and Quorum:
(1) The Site Plan Review and Appearance Board shall hold at
least two regularly scheduled business meeting each month with said meetings
being duly noticed and held in the evening hours.
(2) Four members of the Board shall constitute a quorum.
(D) Duties, Powers, and Responsibilities:
(1) The Board hereby has the authority to take action on the
following items pursuant to the procedures and standards of the LDR:
* Certain site and development plans, as provided in this
Code
* Granting of relief from the number of parking spaces
required for specific uses pursuant to Section 4.6.9(C)(1)(g)
* Granting of relief to Section 4,6,16 through the waiver
process [_Section 2.4.7 (B)].
* Preliminary and final landscape plans
* Master Sign Programs
* Signage as allowed by Section 4.6.7
* Appeal of administrative interpretations made in application
of the sign code and the landscaping code
* Architectural Elevations
* Streetscape and Landscape features e.g. walls, fences,
lighting, dumpster enclosures, etc.
Section 2.2.6 The Historic Preservation Board
(D) Duties, Powers, and Responsibilities:
(1) Develop, maintain, and update a survey of archaeological
sites, properties, buildings, structures, and districts of special historic, aesthetic,
architectural, cultural, or social value or interest. The Board will endeavor to
improve, expand, and make more accurate the survey as additional documents,
information, oral histories, and other such materials may become available, and
it will periodically reevaluate the survey. The Board will work with the City
Historical Society, the State Bureau of Historic Preservation, and other
appropriate public and nonprofit organizations in maintaining this survey.
(2) Nominate properties for designation, and regulate such
properties, structures, buildings, sites, districts, and the like so designated as
historic sites and/or historic districts. ~-'
(3) Participate in the National Register program to the greatest
possible extent, as defined by the 1981 and subsequent amendments to the
Historic Preservation Act of 1966 and regulations and rules drafted pursuant
hereto by the National Park Service and the State Bureau of Historic
Preservation
(4) Act as a regulatory body to approve, deny, or modify
certificates of appropriateness as specified in Section 2.4:6(J).
(5) Make recommendations concerning land development code
amendments to the Planning and Zoning Board, and concerning building code
amendments to the Chief Building Official, as they apply to Historic structures
and districts.
(6) Act in lieu of Board of Adjustment. The Historic Preservation
Board shall act in lieu of the Board of Adjustment and is empowered to grant
variances from existing ordinances for properties designated as historic sites,
within designated historic districts or listed on the Local Register of Historic
Places. In addition, the Board is empowered to grant variances from the sign
code for those nonconforming signs which existed at the time of enactment of
the sign code ..and relief to Section 4.6.16 through the waiver process [Section
2.4.7 (B)].
(7) Develop, establish, and regulate guidelines concerning
contemporaneous architectural styles, colors, building materials, and so forth for
historic sites and within historic districts. Such guidelines will be subject to
review by the Site Plan Review and Appearance Board and the Planning and
Zoning Board, and will be subject to approval by the Commission. The Board's
consideration and approval of certificates of appropriateness under these
guidelines shall be in lieu of consideration and approval by the Site Plan Review
Board.
Section 4.6.16 Landscape Regulations
(C) .Compliance and Relief:
(1) Compliance: Prior to the issuance of a building permit for
structure or any paving permit, or prior to proposed upgrading of landscaping on
an existing site (excluding existing single family detached development)
compliance with the requirements of this Section 4.6.16 shall be assured through
the review and approval of a landscape plan submitted pursuant to Section
2.4.3(C).
r;~,~,.~ r.~;~;..~,,,,,,,~.~.,. A waiver of the requirements of this section may bo 9ranted
by the body or ¢oard which is om~oworod to appmvo or dong tho Site and
development plan. Waivers shall be ~ranted pursuant to the provisions Of
Section 2.4.7 (B), Waivers.
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