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Ord 30-07f \. ORDINANCE N0.30-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELR.AY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 117.02, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE LANDLORD PERMIT FEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City wishes to increase the landlord permit fee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 117, "Landlord Permits", of the Code of Ordinances is amended by amending subsection 117.02, "Permit Fees", to read as follows: Sec. 117.02 PERMIT FEES Applications for a landlord permit shall be available through the Community Improvement Department. The annual permit fee shall be fi~ dollars ($~A 50.00) pex unit. Such permit fee shall be for one year from the date of issue on November 1 of each year. This fee shall not be prorated. 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 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed.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 213` day of August, 2007. ATTEST: Ciry Clerk First Readin Second Readin `~0.~ MAYOR 2 ORD. NO.30-07 ~C'C www.bocanews.com • Boca Raton/Delray Beach News Friday-Saturday, August 10-11, 2007 zvortc~s goo ANNpUNCEMENTS CITY OF DELRAY BEACH,FLORIDA NOTICE OF PUBLIC HEARING A PUBLIC HEARING will be held on the following proposed ordinances at, 7:00 p.m. on TUESDAY, AUGUST 21,', 2007 or at any continuation of such ~'~. meeting which is set by the Commission), in the Cily Commission'. Chambers, 100 N.W. 1st Avenue, Del-', ray Beach, Florida, at which time the City Commission will consider their , adoption. The proposed ordinances '~ may be inspected at the Office of the City Clerk at City Hall, 100 N.W. 1st Avenue, Delray Beach, Florida, be- tween the hours of B:DO a.m. and 500 p.m., Monday through Friday, except holidays. All interested parties are in- vited to attend and be heard with re- spell to the proposed ordinances. i ORDINANCE N0.29-07 ~AN ORDINANCE GRANTING TO FLORIDA POWER & LIGHT COMPA-' NY, ITS SUCCESSORS AND AS- I SIGNS, AN ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CON- D1710NS RELATING THERETO, I PROVIDING FOR MONTHLY PAY- MENTS TO THE CITY OF DELRAY BEACH, AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE N0.30.07 AN ORDINANCE OF THE CITY COM- MISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PER- MITS" OF THE CODE OF ORDI- NANCES BY AMENDING SECTION 117.02, "PERMIT FEES", TO PRO- VIDE FOR AN INCREASE IN THE LANDLORD PERMIT FEE; PROVID- ING ASAVING CLAUSE, A GENER- AL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Please be advised that d a person de- cides to appeal any decision made by the City Commission wish respect Io any matter considered al these hear- ~. ings, such person may need to ensure I that a verbatim record includes the testimony and evidence upon which ~. ?he appeal is to be based. The City does not provide nor prepare such recrord pursuarrt to F.S. 286.0105. CITY OF DELRAY BEACH Chevelle D. Nubin, CMC CAy Clerh PUBLISH: Friday, August 10, 2007 I Boca Raton/Defray Beach News a-a--~l a~c~ ,~.: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~~,~ SUBJECT: AGENDA ITEM # ~ ~ •~ -REGULAR MEETING OF AUGUST 21, 2007 ORDINANCE N0.30-07 DATE: AUGUST 17, 2007 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading for an ordinance amending Chapter 117, "Landlord Permits", of the Code of Ordinances by amending Section 117.2, "Permit Fees", to provide for an increase in the Landlord Permit fee from $30.00 per unit to $50.00 per unit. BACKGROUND At the first reading on August 7, 2007, the Commission passed Ordinance No. 30-07. FUNDING SOURCE N/A RECOMMENDATION Recommend approval of Ordinance No. 30-07 on second and final reading. S:\City Ckrk\AGENDA COVER MEMOS\Ordinance Agenda Memos\Ord 30-07 Amend Chapter 117 landbrd Petmit Fees.doc DELRAY BEACH ,~~•n~ 1993 %noi PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT` MEETING OF: JULY 16, 2007 DEEIWY BEACH ll~ ~II Ir <I_; zan AGENDA ITEM: III.C AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4.2 "NOTICE REQUIREMENTS" AND SECTION 2.4.3(K)(1)(2)8E(3) TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION, PLAN CHECK FEES AND PERMIT FEES. ` A'y,_, tTEM BEFORETHE BOARD 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, plan check and permit 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. BACKGROUND AND ANALYSIS This amendment is to Section 2.4.3 (K)(1)(2)&(3) which outlines the current fee schedules for "Development Applications", "Plan Check Fees", and "Permit Fees". Additionally, changes to Section 2.4.2 "Notice Requirements" are proposed to require that all advertising, notice and recording fees are to be paid by the applicant. During the process to change the fee schedule in 2003, the City Commission directed staff to process changes as needed every two years. In 2005, a LDR amendment was processed that increased the development application fees by 5%. In addition, the proposal included significant adjustments for processes that were undervalued such as requests for zoning verification letters and included a new fee for a Certificate of Appropriateness (COA) as it related to demolitions, new construction and additions in historic districts that required Board review. Since there has been no modification to the fee structure since 2005, staff has re-evaluated the current fee schedule and the following changes are proposed: Development Application Fees Staff researched adjacent municipality fee schedules for similar development activities and determined that an increase in the Development Application fees of 5% is justified. The fees have been rounded up in increments of five dollars ($5.00). This increase would place the City of Delray Beach's fees comparatively closer to an average of the fees charged by the municipalities surveyed. In addition, the proposal includes significant adjustments for specific processes that were determined to be undervalued. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment -Land Development Application, Plan Check and Permit Fees , Paae 2 Significant increases are proposed for Amendments to the Comprehensive Plan, Rezoning, Amendments to the Land Development Regulations, Conditional Uses, Abandonment of rights-of- way and Variances. Processing applications for these actions require a greater depth of analysis and the preparation of a detailed staff report and often involve the testimony of expert witnesses. The current fees were found to be well below the average fees charged by those other surveyed as noted in the table below: Averages of Proposed., 'F Delray Boca Raton West Palm Boynton Palm Beach Fee ees Beach Beach Beach County Schedule (Delray:.- Beach ~~A= Comprehensive $2,310.00 $3,535.00 $3,000.00 $1,000.00* $2,700.00 $2,509.00 $2,500.09 Plan Amendments LDR.Text $1050.00 $701.00 $3,000.00 $1,000.00 - $1,438.00 31;500.C3b`~ Amendments Rezoning $1,390.00 $4,003.00' $3,000.00* $2,000.00* $1,900.00* $2,459.00 $2;OODi00°r ;:. Conditional Uses $1,050.00 $3,416.00 $3,000.00* $1,000.00 $1,200.00 $1,933.00 $1500:00+ Variance $210.00 $761.00 $1,000.00 $500.00 $600.00 $614.00 $500.00:'= Abandonment $580.00 $3,500.00 $2,000.00 $750.00 - $1,708.0 ;$750.00':::: *These are sliding fees and the maximum fee range was used. The proposed changes also include a new fee for advertising costs. Currently, initial advertising costs are paid by the City, and the applicant is responsible for the cost for re-advertising if the project is postponed or modified by the applicant. The proposed change would require the applicant to pay for all the advertising costs, including newspaper publications, and to provide self- addressed envelopes with the required postage for mailed notices prior to the hearing before a Board or the City Commission. This is a common requirement of other municipalities. An increase from $750.00 to $850.00 for review of single family homes within the North BeachlSeagate and Ocean Neighborhood Overlay Districts is proposed to reflect increases proposed in the renewal contract agreement between the City and Urban Design Studio. Plan Check and Permit Fees Staff is recommending increases in all categories of building permit fees and the addition of some new fees, based on the substantial review and comparison to other municipalities and Palm Beach County. Historically, Delray Beach building permit fees have been at the low-end of the scale in comparison to municipalities within Palm Beach and Broward Counties. The proposed increases put the City closer to the average of the fees charged by the municipalities and counties surveyed. Staff is also recommending a plan check fee, calculated at one half of the assessed permit fee, be paid when building plans are submitted for application, thus requiring the plan check fee for all permit applications regardless of the construction value. The plan check fee will be credited to the cost of the applicable permit at the time of issuance. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment -Land Development Application, Plan Check and Permit Fees , Page 3 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. RECOMMENDED AGTION By motion, recommend to the City Commission approval of the amendments to the Land Development Regulations Section 2.4.2 "Notice Requirements" and Section 2.4.3(K)(1)(2)&(3) regarding proposed increases to the Land Development Application Fees, Plan Check Fees and Permit Fees, 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 criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: Proposed Ordinance MEMORANDUM To: MAYOR AND QTY COMMISSIONERS From: LULA BUTLER, DIRECTOR COMMUNITY IMPROVEMENT AL BERG, ASST. DIRECTOR COMMUI~iITY IMPROVEME Through: CITY MANAGER Subject: AGENDA ITEM # l ~ • ~ REGULAR MEETING OF AUGUST 7. 2007 INCREASE LANDLORD PERMIT FEES ITEM BEFORE THE COMMISSION: City Commission approval of Ordinance No. 30-07 amending Chapter 117, "Landlord Permits" of the Code of Ordinance by amending Section 117.2, to provide for an increase in the Landlord Permit fee from $30 per unit to $50 per unit effective October 1, 2007. BACKGROUND: The Cit~s Landlord permit fees were last raised in 1993. Staff surveyed other municipalities with similar programs to determine if our current fee was within the norm. Our review indicated that the Delray Beach fee is one of the lowest charged at this time. In addition, we considered the new programs offered via the Rental Inspector position that are made available to investor properties to assist in meeting the standards for rental properties as desired by the community that far exceed what is being offered by others. We surveyed the Cities of West Palm Beach, Boynton Beach, Tampa, Bonita Springs and Gainesville Florida. Raising the fee will bring the City of Delray Beach to a more equitable rate with other municipalities and ensure we are able to continue providing the education and technical assistance programs designed to achieve the Cityts goal of quality neighborhoods. FUNDING SOURCE: N/A RECOMMENDATION: Staff recommends City Commission approval of the increase in the Landlord Permit fee from $30 to $50 upon the adoption of the amendment proposed under Ordinance 30-07 and applicable to Chapter 117.02. ORDINANCE NO.30-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELR.AY BEACH, FLORIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS" OF THE CODE OF ORDINANCES BY AMENDING SECTION 117.02, "PERMIT FEES", TO PROVIDE FOR AN INCREASE IN THE LANDLORD PERMIT FEE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. WHEREAS, the City wishes to increase the landlord permit fee. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 117, "Landlord Permits", of the Code of Ordinances is amended by amending subsection 117.02, "Permit Fees", to read as follows: Sec. 117.02 PERMIT FEES Applications for a Iandlord permit shall be available through the Community Improvement Department. The annual permit fee shall be fi--~ dollars ($39 50.00) per unit. Such permit fee shall be for one year from the date of issue on November 1 of each year. This fee shall not be prorated. 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 , 2007. ATTEST: City Clerk First Reading Second Reading MAYOR 2 ORD. NO. 30-07