Ord 13-03ORDINANCE NO. 13-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, AMENDING CHAPTER TWO, "ADMINISTRATIVE
PROVISIONS", ARTICLE 2.4, "GENERAL PROCEDURES", SECTION
2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K),
"FEES", SUB-SUBSECTION 2.4.3(K)(1), "DEVELOPMENT
APPLICATIONS", TO PROVIDE FOR AN INCREASE IN THE
DEVELOPMENT APPLICATION FEES CHARGED; 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
proposed text amendment at a public hearing held on May 19, 2003 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.
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 2.4.3 "Submission Requirements", Subsection 2.4.3(K), "Fees", Sub-
Subsection 2.4.3(K)(1), "Development Applications" 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:
(K) Fees: Processing fees shall be collected for development applications. The fees shall
be as established herein and as modified by ordinance of the City Commission.
(1) Development Applications: The following fees shall be charged for
development applications. All fees are cumulative and separate unless otherwise indicated.
Combined applications shall provide multiple fees.
(a) Comprehensive Plan Amendment
$ ~,.~,,, 2,200
(b) Review of a ADA/DRI $~.,-.'-.-:' ann 3.300
Modification of a DRI $ '~ nnn
.,...... 1,100
0)
(n)
Voluntary Annexation with Zoning
Rezoning of Land
Modification of a SAD Ordinance to add a use or uses
Conditional Uses, New Application
Modification requiring Board Review
Master Plans
Master Plan Modification
Formal review of a Sketch Plan [Section 2.4.1 (B)]
Similarity of Use
Site Plan Review:
Class I (Non-Impacting Modification)
Class II (Non-Impacting with Board Review)
Class III (Minor Modification)
Class IV (Major Modification)
Class V (New Submission)
Extension requests for a previously approved conditional
use or site plan (only one fee is required if both items are
being extended for one project)
Phts
Minor Subdivision
Major Subdivision
Plat Recording Fee
Abandonments
Right-of-way
General Easements
Specific Easements
Master Sign Program
$1,ooo (4)
$ 1,299 1.320
$ 1,299 1.320
$ 909 1.000
509 550
$ LeO0 1A00(1)
(5)
$ 500 550
$ 250 275
$ $0 100
$ 150 200
$ ",00 500(1)
$ 750 825(1)
$ '.,oeo 1,1oo(1)
$ovv 550
750 825 (1)
etm 1.650 (1)
O)
$ 509 550
$ 300 330
$ 150 165
$ I00 110
(o) Variance through the Board of Adjustment or the
$ 150 200
2 ORD. NO. 13-03
Historic Preservation Board
Formal interpretation by the Board of Adjustment
Certificate of Appropriateness by Board
Certificate of Appropriateness by Admimstrator
Request for Historic Designation
Hearing before the Board of Construction Appeals (per
item)
Temporary Use Request involving City Commission
action
Water Service Agreement Request
- - without concurrent site plan
- - with concurrent site plan
Land Development Regulations Text Change
Waivers and Internal Adjustments
(y) Appeals by Applicant
(z) Re-advertising
(aa) Zoning Verification Letter
NOTES:
(1)
(2)
(3)
-2 50
a-s- 50(2)
-0-
-2-550
--2-550
a&50
110
$ 199 110
$
$ ~99 1.000
$ 199 110 per request (6)
$ 299 220 per request (7)
$ 2ce 300 (8)
(9)
Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to
a maximum of $3,000 per project.
This fee shall be credited against any other processing fee which may be applicable to the
request.
$30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from
time to time by Palm Beach County, payable to Palm Beach County.
3 ORD. NO. 13-03
(4)
Fee may be waived by the City Manager, for properties that have already been developed, or
for sites under one (1) acre in size.
(5) Same fee that would apply for site plan modification.
(6) For requests made during the site plan / master plan review process.
(7) For requests made subsequent to the site plan / master plan review process.
(8) Includes appeals of both administrative decisions and Board actions.
(9) Advertising costs.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. That this ordinance shall become effective immediately upon its passage on
second and final reading.
ATI'EST
City Clerk
First Readin .~.~.~
Second
PASSED ~ND _ADOPTED in regular session on second and final reading on this the
__ day of //)t~Lg~W~ .2003.
,
4 ORD. NO. 13-03
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER~
AGENDA ITEM # \MJb> - REGULAR MEETING OF JUNE 17. 2003
ORDINANCE NO. 13-03 (.AMENDING LDR 2.4.3(K)(1))
JUNE 13, 2003
This ordinance is before Commission for second reading to amend Land Development Regulations
(LDR) Section 2.4.3(K)(1) regarding development application fees.
The fee schedule currently in effect was adopted approximately six (6) years ago on November 18,
1997 via Ordinance No. 50-97. The proposed increase under Ordinance No. 13-03 is a minimum
increase of 10% (except for voluntary annexations) and a significant adjustment for certificates of
appropriateness, variances, and Land Development Regulations Text Amendments.
The Planning and Zoning Board held a public hearing regarding this item. After reviewing this
amendment, the Board voted 4-0 to recommend to the City Commission approval of the proposed
text amendment, based upon positive findings with respect to LDR Section 2.4.5(M)(5).
At the first reading on June 3, 2003, the C~ty Commission passed Ordinance No. 13-03.
Recommend approval of Ordinance No. 13-03 on second and final reading.
S:\City Clerk\chevelle folder\agenda mem.\Ord. 13.03.6.17.03
TO:
THRU:
FROM:
SUBJECT:
DAVID ~ HA~EN, C~Y MAN~AGER
MEETING OF JUNE 3, 2003
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION
2.4.3(K)(1) TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT
APPLICATION FEES.
This amendment is to LDR Section 2.4.3 (K)(1) which outlines the current fee schedules for
development applications. The current fee schedule was adopted approximately 6 years
ago and no increases in fees have occurred since that time. The Planning and Zoning
Department staff has reviewed its land development application fees such as site plans,
site plan modifications, rezonings, conditional uses, and other land use actions processed
by the Department. This analysis included fees charged by other municipalities in the area
for similar development activities as well as an assessment of the average staff hours spent
on each type of application. Based upon this review, an increase in fees is supported. The
increase results in a minimum across the board increase of 10% (except for voluntary
annexations) plus significant adjustment for processes which are drastically undervalued at
this time such as certificates of appropriateness, variances and LDR text amendments.
Additional background and analysis is provided in the attached Planning and Zoning Board
staff report.
The Planning and Zoning Board held a public hearing regarding this item at its meeting of
May 19, 2003. After discussing the amendment, the Board voted 4-0 (Morris, Pike and
Woehlkens absent) to recommend to the City Commission approval of the proposed text
amendment, based upon positive findings with respect to LDR Section 2.4.5(M)(5).
By motion, approve on first reading, the ordinance amending Land Development
Regulations Section 2.4.3(K)(1) relating to land development application fees, based upon
the findings and recommendations by the Planning and Zoning Board, and set a public
hearing date of June 17, 2003.
Attachments: P&Z Board Staff Report & Ordinance by Others
ORDINANCE NO. 13-03
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DF.I.RAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, AMENDING CHAPTER TWO, "ADMINISTRATiVE
PROVISIONS", ARTICLE 2.4, "GENERAL PROCEDURES", SECTION
2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K),
"FEES", SUB-SUBSECTION 2.4.3(K)(1), "DEVELOPMENT
APPLICATIONS", TO PROVIDE FOR AN INCREASE IN THE
DEVELOPMENT APPLICATION FEES CHARGED; 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
proposed text amendment at a public hearing held on May 19, 2003 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.
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 2.4.3 "Submission Requirements", Subsection 2.4.3(K), "Fees", Sub-
Subsection 2.4.3(K)(1), "Development Applications" 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:
(14[) Fees: Processing fees shall be collected for development applications. The fees shall
be as established herein and as modified by ordinance of the City Commission.
(1) Development Applications: The following fees shall be charged for
development applications. All fees are cumulative and separate unless otherwise indicated.
Combined applications shall provide multiple fees.
(a) Comprehensive Plan Amendment
$ ~,,,vv 2,200
(b) Review of a ADA/DRI $o,vvv ~ ~ 3.300
Modification of a DRI $ , cra^
.,wv 1.100
(n)
Voluntary Annexation with Zoning
Rezoning of Land
Modification of a SAD Ordinance to add a use or uses
Conditional Uses, New Application
Modification requiring Board Review
Master Plans
Master Plan Modification
Formal review of a Sketch Plan [Section 2.4.1(B)]
Similarity of Use
Site Plan Review:
Class I (Non-Impacting Modification)
Class II (Non-Impacting with Board Review)
Class III CMinor Modification)
Class IV (Major Modification)
Class V (New Submission)
Extension requests for a previously approved conditional
use or site plan (only one fee is required if both items are
being extended for one project)
Plats
Minor Subdivision
Major Subdivision
Plat Recording Fee
Abandonments
Right-of-way
General Easements
Specific Easements
Master Sign Program
$1,ooo (4)
$ 1,299 1.320
$ !,299 1,320
$ 999 1,000
599 550
$ !,999 1,100(1)
¢)
$ 599 55O
$ 259 275
$ $0 100
200
$ ~,oo 5oo(1)
825(1)
.,~ 1,100(1)
$ ~vv 550
750 825 (1)
~'~" 1.650 (1)
(3)
$ 590 550
$ ~ 330
$ '~ 165
(o) Variance through the Board of Adjustment or the
· ~v 200
2 ORD. NO. 13-03
(~)
(~)
¢)
Historic Preservation Board
Formal interpretation by the Board of Adjustment
Certificate of Appropriateness by Board
Certificate of Appropriateness by Administrator
Request for Historic Designation
Hearing before the Board of Construction Appeals (per
item)
Temporary Use Request involmg City Commission
Water Service Agreement Request
- - without concurrent site plan
- - with concurrent site plan
Land Development Regulations Text Change
Waivers and Internal Adjustments
(y) Appeals by Applicant
(z) Re-advertising
(aa) Zoning Verification Letter
NOTES:
(1)
(2)
(3)
$ ~50
$ ~ 50(2)
$
$ -~50
$ -2-5-50
$ 100 110
$ !99 110
$ 599 1.000
$ ~99 110 per request (6)
$ 299 220 per request (7)
$ 2ce 300 (8)
(9)
$ ~055
Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01 acres, up to
a maximum of $3,000 per proiect.
This fee shall be credited against any other processing fee which may be applicable to the
request.
$30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from
time to time by Palm Beach County, payable to Palm Beach County.
3 ORD. NO. 13-03
Fee may be waived by the City Manager, for properties that have already been developed, or
for sites under one (I) acre in size.
Same fee that would apply for site plan modification.
For requests made during the site plan / master plan review process.
For requests made subsequent to the site plan / master plan review process.
Includes appeals of both administrative decisions and Board actions.
Adverfi(mg costs.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed.
Section 4. 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 ., 2003.
ATI'EST
MAYOR
City Clerk
Fkst Reading
Second Reading
4 ORD. NO. 13-03
MEETING OF:
AGENDA ITEM:
MAY 19, 2003
IV.E. - AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS SECTION 2.4.3(K)(1) TO PROVIDE FOR AN
INCREASE IN THE DEVELOPMENT APPLICATION FEES.
I~EM ~EF~RE ~HE BOARD ]I ,, .
The item before the Board is that of making a recommendation to the City Commission
regarding an amendment to the Land Development Regulations (LDRs) to increase the
land development application fees, pursuant to LDR Section 2.4.5(M).
Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
This amendment is to LDR Section 2.4.3 (K)(1) which outlines the current fee schedules
for development applications. Pursuant to the Planning and Zoning Department's Work
Program, endorsed by the Planning and Zoning Board, the proposed LDR amendments
to the fee schedule are to be completed this fiscal year.
The current fee schedule was adopted in 1997 and no increases in fees have occurred
since that time. The last change prior to 1997 occurred with the adoption of the LDRs in
1990. It has been approximately 6 years since the last fee increase. Since that time,
staff salaries have increased an average of 3-4% each year. In addition to the staff
hours involved processing the application for Board approval, there is additional staff
time required subsequent to the approval relating to ensuring conditions of approval are
addressed and other documents such as right-of-way deeds or various agreements are
reviewed and processed for City Commission action. Postage and cost of advertising
land use actions in the local newspaper have also increased. Also, additional courtesy
notices are now provided earlier in the development review process to ensure that
adjacent neighborhoods are aware of development proposals in their area. Further,
during the development review process, a typical land use petition in the downtown area
will be reviewed by at least two other recommending Boards such as the CRA
(Community Redevelopment Agency) and DDA (Downtown Development Authority) and
may involve additional presentations at other community or civic organization meetings.
The Planning and Zoning Department staff has reviewed its land development
application fees such as site plans, site plan modifications, rezonings, conditional uses,
IV.E.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Land Development Application Fees
Page 2
and other land use actions processed by the Department. This analysis included fees
charged by other municipalities in the area for similar development activities as well as
an assessment of the average staff hours spent on each type of application. Based
upon this review, an increase in fees is supported. The increase results in a minimum
across the board increase of 10% (except for voluntary annexations) plus significant
adjustment for processes which are drastically undervalued at this time such as
certificates of appropriateness, variances and LDR text amendments. The attached
Appendix A is the proposed text amendment and Appendix B compares the City's fees
with those of other municipalities.
Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based
upon a finding that the amendment is consistent with and furthers the Goals, Objectives,
and Policies of the Comprehensive Plan. While the amendment does not specifically
further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not
inconsistent with them.
By motion, recommend to the City Commission approval of the amendments to the
Land Development Regulations Section 2.4.3(K)(1) regarding proposed increases to the
land development application fees, based upon positive findings with respect to LDR
Section 2.4.5(M).
Attachments: Exhibit A - Proposed Text Amendment
Exhibit B - Fee Schedule Tables
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Land Development Application Fees
Page 3
(K) Fees: Processing fees shall be collected for development applications.
The fees shall be as established herein and as modified by ordinance of the City
Commission.
(1) Development Applications: The following fees shall be charged
for development applications. All fees are cumulative and separate unless otherwise
indicated. Combined applications shall provide multiple fees.
(a) Comprehensive Plan Amendment
$ .3 nnn 2,200
(b) Review of a ADA/DRI
Modification of a DRI
$ '~ nnn 3,300
$ !,000 1,100
(c) Voluntary Annexation with Zoning
$ 1,000 (4)
(d) Rezoning of Land
$ 1,290 1,320
(e) Modification of a SAD Ordinance to add a use or uses $ !,200 1,320
(f) Conditional Uses, New Application $ 9OO 1,000
Modification requiring Board Review $ 500 550
(g) Master Plans $ !,OOO 1,100(1)
Master Plan Modification (5)
(h) Formal review of a Sketch Plan [Section 2.4.1(B)]
$ 500 550
(i) Similarity of Use
$ 250 275
(J)
Site Plan Review:
Class I (Non-Impacting Modification)
Class II (Non-Impacting with Board Review)
Class III (Minor Modification)
Class IV (Major Modification)
ClassV (New Submission)
60 100
150 200
~.OO 500(1)
750 825(1)
,~v~nnn 1,100(1)
(k)
Extension requests for a previously approved conditional
use or site plan (only one fee is required if both items are
being extended for one project)
$ 590 550
Plats
Minor Subdivision
Major Subdivision
Plat Recording Fee
750 825 (1)
,vv~cnn 1,650(1)
(3)
Planning and Zoning Board Memorandum Staff Repod
LDR Text Amendment - Land Development Application Fees
Page 4
(m) Abandonments
Right-of-way
General Easements
Specific Easements
(n) Master Sign Program
(o) Variance through the Board of Adjustment or the
Historic Preservation Board
(p) Formal interpretation by the Board of Adjustment
(q) Certificate of Appropriateness by Board
(r) Certificate of Appropriateness by Administrator
(s) Request for Historic Designation
(t) Hearing before the Board of Construction Appeals (per
item)
(u) Temporary Use Request involving City Commission
action
(v) Water Service Agreement Request
- - without concurrent site plan
- - with concurrent site plan
(w) Land Development Regulations Text Change
(x) Waivers and Internal Adjustments
(y) Appeals by Applicant
(z) Re-advertising
(aa) Zoning Verification Letter
NOTES:
$
$
(1)
$ 500 550
$ 399 330
$ !50165
$ !00 110
$ 150 200
$ 365o
$ 25 50(2)
$ -0-
$ 2-650
$ 25 50
$ 25 50
$ !00 110
$ 199 110
$ -0-
$ 599 1,000
! 09 110 per request (6)
209 220 per request (7)
$ 299 300 (8)
(9)
$ ,~5_5
Plus an additional fee of $100 per acre, or any fraction thereof, beginning at 3.01
acres, up to a maximum of $3,000 per project.
(2) This fee shall be credited against any other processing fee which may be
applicable to the request.
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment - Land Development Application Fees
Page 5
(3)
(4)
(5)
(6)
(7)
(8)
(9)
$30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as
modified from time to time by Palm Beach County, payable to Palm Beach
County.
Fee may be waived by the City Manager, for properties that have already been
developed, or for sites under one (1) acre in size.
Same fee that would apply for site plan modification.
For requests made during the site plan / master plan review process.
For requests made subsequent to the site plan / master plan review process.
Includes appeals of both administrative decisions and Board actions.
Advertising costs.
I~ 0
f~L'C
o~