Ord 10-02ORDINANCE NO. 10-02
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE
OF ORDINANCES, BY AMENDING SECTION 2.4.4,
"GENERAL PROCEDURES PERTAINING TO APPROVAL
OF LAND USE AND DEVELOPMENT APPLICATIONS",
SUBSECTION (F), "EXTENSIONS", BY AMENDING
PARAGRAPH (4), "LITIGATION PREVENTING
CONSTRUCTION", TO PROVIDE FOR EXTENSIONS
WHEN LITIGATION IS FILED AGAINST THE CITY TO
PREVENT CONSTRUCTION RELATING TO A
DEVELOPMENT APPROVAL; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission adopted Ordinance No. 59-01 on December 4, 2001
providing for the extension of the development approval when litigation is filed against the
developer, owner or applicant challenging the granting of a development approval by the City; and
WHEREAS, as lawsuits are also filed against the City and not the developer, owner or
applicant in an attempt to prevent construction, and the intent of Ordinance No. 59-01 was to also
provide for an extension if a lawsuit was filed against the City on a development approval in order to
prevent construction.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOI J,OWS:
Section 1. That Article 2.4, "General Procedures", Section 2.4.4, "General Procedures
Pertaining to Approval of Land Use and Devdopment Applications", Subsection (la), "Extensions",
by Amending Paragraph (4), "Litigation Preventing Construction", to read as follows:
Section 2.4.4 General Procedures Pertaining to Approval of Land Use and Development
Applications.
(F) Extensions: Extensions may be granted to a previously approved application listed
under Subsection (E)(2) pursuant to the following:
(4) Litigation Preventing Construction: When a lawsuit is filed against the City..
a developer, owner or applicant challenging the granting of a development approval by the City as
listed under Subsection 2.4.4(E)(2), an extension of the development approval shall be granted
without further review. The extension of time shall be effective until the litigation is concluded.
Provided, however, in no event shall the extension of time exceed seven (7) years from the initial
date of approval of the development application. If the litigation is not resolved within a maximum
of seven (7) years from the initial date of approval, the developer, owner or applicant shall be
required to follow Section 2.4.4(F)(1), (2) or (3). The litigation shall be deemed to be concluded
after all appeals have been exhausted and a Final Order/Decision from the Court having jurisdiction
over the matter has been entered. This subsection does not apply to lawsuits filed by the developer,
owner or applicant against some other party, nor does it apply in any way to allow the developer,
owner or applicant to extend the 18 month deadline because of financial issues.
However, in order to be eligible for an extension of time, the developer, owner or applicant seeking
an extension must send written notification and documentation that shows ongoing litigation to the
City within 30 days of the service of the suit, unless the City is a party to the suit. Except that,
subsection 2.4.4(1:)(4) shall also apply to those development applications that were approved by the
City prior to the adoption date of this ordinance, which approval is still valid in that the approval
period has not expired, but construction has not commenced as litigation over the approval of the
development application has prevented the commencement of construction. In order to qualify
under this exception provided for in this paragraph, the developer, owner or applicant must provide
the required notification/documentation to the City within 30 days of the adoption of this
ord~lance.
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.
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ATrEST~J~Z_.~~ MAYOR
City Clerk
Firs t Readm~ar'~"_ .~a~· / q, a~eao,,~
Second Reading~:5 -,ff'. ~
2 ORD. NO. 10-02
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MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER
AGENDA ITEM # ~0 ~. REGULAR MEETING OF MARCH 5. 2002
ORDINANCE NO. 10-02 (AMENDING ORDINANCE NO. 5%01)
MARCH 1, 2002
This ordinance is before Commission for second reading to amend Ordinance No. 59-01, which
provided extensions on development approvals if a lawsuit was filed against a developer, owner, or
applicant, if the purpose of such lawsuit was to halt construction of the development.
This amendment will make clear the intent of Ordinance No. 59-01, which was also to include
lawsuits filed against the City of Delray Beach. However, the City was inadvertently left out of
Ordinance No. 59-01. Ordinance No. 10-02 will correct this error and add that suits against the City
will also cause extensions on development approvals.
At the first reading on February 19, 2002, the City Commission passed this ordinance.
Recommend approval of Ordinance No. 10-02 on second and final reading.
S:\Cay Clerk\chevelle folder\agenda memos\Ord. 10.02 03 05.02
[ITY OF DELRrlY BErI£H
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
Writer's Direct Line. 561/243-7091
1993 DATE:
February 13, 2002
MEMORANDUM
TO:
FROM:
City Commission ~
Brian Shutt, Assistant City Attorney
SUBJECT: Amending LDR Section 2.4.4(F)(4) "Litigation Preventing
Construction"
Ordinance No. 10-02 is correcting Ordinance No. 59-01 to make clear the intent of
that ordinance. On December 4, 2001 the Commission passed Ordinance No. 59-
01 that provided extensions on development approvals if a lawsuit was filed
against a developer, owner or applicant, if the purpose of such lawsuit was to halt
construction of the development.
The intent of Ordinance No. 59-01 was to also include lawsuits filed against the
City, however, reference to the City was inadvertently left out of Ordinance No.
59-01. This Ordinance corrects the scrivener's error.
By copy of this memo to David Harden, please place this item on the February 19,
2002 City Commission agenda. Please call if you have any questions.
CC:
David Harden, City Manager
Barbara Garito, City Clerk
Paul Dorling, Director of Planning & Zoning
ORDINANCE NO. 10-02
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF
ORDINANCES, BY AMENDING SECTION 2.4.4, "GENERAL
PROCEDURES PERTAINING TO APPROVAL OF LAND USE AND
DEVELOPMENT APPLICATIONS", SUBSECTION (F),
"EXTENSIONS", BY AMENDING PARAGRAPH (4), "LITIGATION
PREVENTING CONSTRUCTION", TO PROVIDE FOR
EXTENSIONS WHEN LITIGATION IS FILED AGAINST THE CITY
TO PREVENT CONSTRUCTION RELATING TO A
DEVELOPMENT APPROVAL; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the City Commission adopted Ordinance No. 59-01 on December 4, 2001
providing for the extension of the development approval when htigation is filed against the developer,
owner or applicant challenging the granting of a development approval by the City; and
WHEREAS, as lawstnts are also filed against the City and not the developer, owner or
apphcant m an attempt to prevent construction, and the intent of Ordinance No. 59-01 was to also
provide for an extension if a lawsuit was filed against the City on a development approval in order to
prevent construction.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
~ection 1. That Article 2.4, "General Procedures", Section 2.4.4, "General Procedures
Pertaining to Approval of Land Use and Development Applications", Subsectton (F), "Extensions",
by Amending Paragraph (4), "Litigation Preventing Construcnon", to read as follows:
Section 2.4.4 General Procedures Pertaining to Approval of Land Use and Development
Applications.
(F) Extensions: Extensions may be granted to a previously approved apphcation listed
under Subsection 0E)(2) pursuant to the following:
(4) Litigation Preventing Construction: When a lawsuit is filed against the City, a
developer, owner or applicant challenging the granting of a development approval by the City as hsted under
Subsection 2.4.4CE)(2), an extension of the development approval shall be granted without further review.
The extension of time shall be effectwe until the litigauon is concluded. Provided, however, in no event shall
the extension of time exceed seven (7) years from the mittal date of approval of the development application.
If the litigation is not resolved within a maxwnum of seven (7) years from the imtial date of approval, the
developer, owner or applicant shall be required to follow Section 2.4.4([)(1), (2) or 0). The litigation shall be
deemed to be concluded after all appeals have been exhausted and a Final Order/Decision from the Court
having junsdicuon over the matter has been entered. Tins subsection does not apply to lawsuits filed by the
developer, owner or applicant against some other party, nor does it apply in any way to allow the developer,
owner or applicant to extend the 18 month deadhne because of financial issues.
However, in order to be eligible for an extension of time, the developer, owner or apphcant seeking an
extension must send written notification and documentation that shows ongoing litigation to the City within
30 days of the service of the suit, unless the City is a party, to the stat. Except that, subsection 2.4.4(F)(4) shall
also apply to those development apphcations that were approved by the City prior to the adoption date of
this ordinance, which approval is still valid m that the approval period has not expzred, but construction has
not commenced as litigauon over the approval of the development apphcation has prevented the
commencement of construction. In order to qualify under this exception provided for in this paragraph, the
developer, owner or applicant must promde the reqmred notification/documentation to the City within 30
days of the adoption of this ordinance.
Section 2. That should any section or provision of this ordinance or any pornon thereof, any
paragraph, sentence, or word be declared by a court of competent junschction to be invahd, such
decision shall not affect the vahchty of the remainder hereof as a whole or part thereof other than the
part declared to be mvahd.
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 munediately upon its passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the ~
day of ., 200
ATTEST M A Y O R
City Clerk
First Reading
Second Reading
2 ORD. NO. 10-02