22-93 VOID
ORDINANCE NO. 22-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING APPENDIX "A",
"DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY ADDING DEFINITIONS FOR THE TERMS "AFFECTED
PARTY", "AGGRIEVED PARTY", AND "INTERESTED PARTY";
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER 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 January
28, 1993, and has forwarded the change with a recommendation of
approval; and,
WHEREAS, pursuant to Florida Statute 163.3174(1) (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 Appendix "A", "Definitions", as referred
to in Section 1.4.5, "Definitions", of Article 1.4, "Interpretation,
Enforcement, And Penalties", of Chapter 1, "General Provisions", of
the Land Development Regulations of the Code of Ordinances of the
City of Delray Beach, Florida, be, and the same is hereby amended by
the addition of the following definitions:
AFFECTED PARTY: An individual who owns property, resides
in, or owns or operates a business in the City of Delray
Beach; or an entity which provides services within Delray
Beach or in an adjacent municipality; who or which, may
have property rights affected or its plan of operation
affected by a rule, regulation, or land use action
implemented through these LDRs. While an affected party
shall receive special notice pursuant to Sections
2.4.2(B) (1) (m) and 2.4.2(C), an affected party does not
have standing to file an appeal of any such action.
AGGRIEVED PARTY: An individual who owns property, resides
in, or owns or operates a business in the City of Delray
Beach; or an entity which provides services within Delray
Beach or in an adjacent municipality; who or which may have
property rights directly affected or its plan of operation
directly altered. Such affect must be substantial and
direct and must be demonstrable. Potentially aggrieved
parties shall receive notice of potential actions in the
same manner as provided for interested and affected
parties. In the application of appeal procedures [Section
2.4.7(E)], an aggrieved party shall include the owner, or
designated representative, of property which is the subject
of a land use action. In addition, a party who proves
direct and substantial adverse impacts of an action
implementing these LDRs may be considered an aggrieved
party.
INTERESTED PARTY: An "interested party" is any person or
entity who expresses an interest in any aspect of the
creation or implementation of these LDRs. Notice
requirements are provided only through general display of
meeting agenda pursuant to Section 2.4.2(A). Any such
person, or entity, may receive special notice when such a
request is made in writing and is otherwise in compliance
with the Administrative Rules of the City.
VOID
VOID
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
which are in conflict herewith are hereby repealed.
Section 4. That this ordinance shall become effective ten
(10) days after its passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
i'. MAYOR
..~ ATTEST:
City Clerk
First Reading
Second Reading
- 2 - Ord. No. 22-93
VOID
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM $ /~ k3 -MEETING. QF FEBRUARY 9, 1993
ORDINANCE NO. 22-93
DATE: February 5, 1993
This is first reading of ordinance amending Appendix "A",
"Definitions", of the Land Development Regulations by adding
definitions for the terms "Affected Party", "Aggrieved Party", and
"Interested Party".
As proposed, an "aggrieved" party can appeal an item to the City
Commission; an "affected" party is given special consideration in a
routine manner and is encouraged to participate in deliberations; and
an "interested" party may participate in public hearings.
While only an aggrieved party may file an appeal under Section
2.4.7(E), affected and/or interested parties may seek intervention of
a City Commissioner to appeal an item.
The Planning and Zoning Board at their January 28th special meeting
recommended approval. The City Attorney's office questions the need
for this ordinance and will answer any questions at the meeting. A
detailed staff report is attached as backup material for this item.
Recommend approval of Ordinance No. 22-93 on first reading.
[lTV OF DELRI:IV BEI:I[H
CITY ATTORNEY'S OFFICE
FACSIMILE 407/278-4755 w~a.'~,~ · ~, ~&x-~,c,.~. ~.,~,
(407) 243-7090
Date: February 9, 1993MEMORANDUM
/
To: City Commission
From: Jeffrey S. Kurtz, City Attorney
Subject: LDR Text Amendments Regarding Definitions of
"Aggrieved", "Affected" and "Interested" Parties
Our office would recommend that the proposed ordinance
regarding definitions for "aggrieved", "interested", and
"affected" parties not go forward. State statutes and Florida
case law provide adequate guidance and requirements for
defining the categories of potential parties. For instance,
Section 163.3215, F.S., defines "aggrieved parties" and
"adversely affected parties" for comprehensive plan purposes.
The def~ition limits the range of "aggrieved" or "adversely
affected" parties to only those who are going to suffer adverse
impacts inconsistent with the comprehensive plan.
If the City were to adopt its own definition as to who is an
"aggrieved" or "affected" party a conflict would exist between
the City's codes and the current statute and case law. This
would result in the City not being able to rely on the current
case law which properly limits the rights of individuals to
challenge certain actions taken by the local government. From
our perspective, it is best that the City is able to
confidently rely on the state decisions in applying the defini-
tion regarding "aggrieved parties" and "affected parties"
Regarding the definition for "interested" party, this term is
commonly used in Florida case law in land use cases. The term
"interested" arises in cases where, parties attempt to intervene
into a lawsuit in order to protect a substantially affected
interest. The parties, once allowed to intervene are often
called interested or affected parties.
It appears that the purpose of the "interested party" defini-
tion is to provide a different level for mailing notices
concerning certain items. Rather than adopt terms that are
already well defined in case law and statutes, it seems that
the better course of action would be to simply state who is
entitled to notice without labelling them as "affected" or
"interested" parties. This will obtain the desired affect
without broadening the potential appellate rights beyond what
presently exists. Furthermore, it appears that the LDR's are
clear as to only allowing aggrieved parties to file appeals.
This limitation on appellate rights is reasonable, and appears
to be working properly.
If someone desires to have notice of an item, they may ask for
it or it will be sent pursuant to our existing codes. Adding
these definitions will only cause the City to find itself at
sometime not complying and providing an individual with a cause
of action it would not normally have. Therefore, it is this
office's recommendation that this ordinance not be passed on
first reading.
DNT: sh
cc: David Harden, City Manager
David Kovacs, Director of Planning and Zoning
ldr-1 .dnt
CITY COMMISSION DOCUMENTATION
TO: ~D T. HARDEN, CITY MANAGER
FROM: -/)AVID J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF FEBRUARY 9, 1993
LDR TEXT AMENDMENT - DEFINITIONS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
aDDroval of an LDR Text Amendment.
The changes are to the DEFINITIONS by the addition of the
following:
* Affected Party
* Aggrieved Party
* Interested Party
BACKGROUND:
Within the LDRs, the terms "interested", "affected", and
"aggrieved" parties or individuals are used. In common usage,
in administering the Growth Management Act, these terms have
come to take specific meaning. In applying them in the
day-to-day use of the LDRs there has been some confusion; thus,
it is appropriate to provide specific definitions for these
terms.
Simply put, an "aggrieved" party can appeal an item to the City
Commission; an "affected" party is given special consideration
in a routine manner and is encouraged to participate in
deliberations; and an "interested" party is left on their own to
obtain information but they may participate in public hearings.
While only an "aggrieved" party may file an appeal under Section
2.4.7(E), "affected" and/or "interested" parties may seek
intervention of a City Commissioner to "appeal" an item.
Individual City Commissioner's have such a right of appeal
pursuant to the LDRs.
TEXT CHANGES:
The proposed definitions are to be added to APPENDIX "A",
referenced by Section 1.4.5 Definitions.
City Commission Documentation
LDR Text Amendment - Definitions
Page 2
AFFECTED PARTY: An individual who owns property, resides in, or
owns or operates a business in the City of Delray Beach; or an
entity which provides services within Delray Beach or in an
adjacent municipality; who or which, may have property rights
affected or its plan of operation affected by a rule,
regulation, or land use action implemented through these LDRs.
While an affected party shall receive special notice pursuant to
Sections 2.4.2(B)(1)(m) and 2.4.2(C), an affected party does not
have standing to file an appeal of any such action.
AGGRIEVED PARTY: An individual who owns property, resides in,
or owns or operates a business in the City of Delray Beach; or
an entity which provides services within Delray Beach or in an
adjacent municipality; who or which, may have property rights
directly affected or its plan of operation directly altered.
Such affect must be substantial and direct and must be
demonstrable. Potentially aggrieved parties shall receive
notice of potential actions in the same manner as provided for
interested and affected parties. In the application of appeal
procedures [Section 2.4.7(E)], an aggrieved party shall include
the owner, or designated representative, of property which is
the subject of a land use action. In addition, a party who
proves direct and substantial adverse impacts of an action
implementing these LDRs may be considered an aggrieved party.
INTERESTED PARTY: An "interested party" is any person or entity
who expresses an interest in any aspect of the creation or
implementation of these LDRs. Notice requirements are provided
only through general display of meeting agenda pursuant to
Section 2.4.2(A). Any such person, or entity, may receive
special notice when such a request is made in writing and is
otherwise in compliance with the Administrative Rules of the
City.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item at its
meeting of January 25th, continued to January 28th, at which
time it was forwarded with a recommendation of approval (4-0).
RECOMMENDED ACTION:
By motion, approval of this enacting ordinance on first reading.
Attachment:
* Ordinance by others
DJK/CCPARTY.DOC
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF: JANUARY 11, 1993
AGENDA ITEM: LDR TEXT AMENDMENT RE DEFINITIONS FOR
"INTERESTED", "AFFECTED", AND "AGGRIEVED" PARTIES
ITEM BEFORE THE BOARD:
The item before the Board is that of making a
recommendation to the City Commission regarding a proposed
change to the LDRs. The contemplated changes include
definitions for "interested", "affected", and "aggrieved"
parties.
BACKGROUND:
Within the LDRs, the terms "interested", "affected", and
"aggrieved" parties or individuals are used. In common usage, in
administering the Growth Management Act, these terms have come
to take specific meaning. In applying them in the day-to-day
use of the LDRs there has been some confusion; thus, it is
appropriate to provide specific definitions for these terms.
TEXT CHANGES:
The proposed definitions are to be added to APPENDIX "A",
referenced by Section 1.4.5 Definitions.
AFFECTED PARTY: An individual who owns property, resides in, or
owns or operates a business in the City of Delray Beach; or an
entity which provides services within Delray Beach or in an
adjacent; who or which, may have property rights affected or
its plan of operation affected by a rule, regulation, or land
use action implemented through these LDRs. While an affected
party shall receive special notice pursuant to Sections
2.4.2(B)(1)(m) and 2.4.2(C), an affected party does not have
standing to file an appeal of any such action.
AGGRIEVED PARTY: An individual who owns property, resides in,
or owns or operates a business in the City of Delray Beach; or
an entity which provides services within Delray Beach or in an
adjacent; who or which, may have property rights directly
affected or its plan of operation directly altered. Such affect
must be substantial and direct and must be demonstrable.
Potentially aggrieved parties shall received notice of potential
actions is the same manner as provided for interested and
affected parties. In the application of appeal procedures
[Section 2.4.7(E), an aggrieved party shall include the owner,
or designated representative, of property which is the subject
of a land use action. In addition, a party who proves direct
and substantial adverse impacts of an action implementing these
LDRs may be considered an aggrieved party.
ITEM: II.C.12
P&Z~ Staff Report %'~'~.
LDR Text Amendment Re Definitions for
"Interested", "Affected", and "Aggrieved" Parties
Page 2
INTERESTED PARTY: An "interested party" is any person or entity
who expresses an interest in any aspect of the creation or
implementation of these LDRs. Notice requirements are provided
only through general display of meeting agenda pursuant to
Section 2.4.2(A). Any such person, or entity, may receive
special notice when such a request is made in writing and is
other in compliance with the Administrative Rules of the City.
ANALYSIS:
Simply put, an "aggrieved" party can appeal an item to the City
Commission; an "affected" party is given special consideration
in a routine manner and is encouraged to participate in
deliberations; and "interested" party is left on their own to
obtain information but they may participate in public hearings.
While only an "aggrieved" party may file an appeal under Section
2.4.7(E), "affected" and/or "interested" parties may seek
intervention of a City Commission to "appeal" an item.
Individual City Commissioner's have such a right of appeal
pursuant to the LDRs.
RECOMMENDED ACTION:
By motion, forward a recommendation that the proposed
definitions be add~ ,the LDRs.
Report prepared byl~J~ ~ ~%30~
DJK/T:PZDEF.DOC