28-93 VOID
ORDINANCE NO. 28-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.7,
"PROCEDURES FOR OBTAINING RELIEF FROM COMPLIANCE WITH
PORTIONS OF THE LAND DEVELOPMENT REGULATIONS", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING
SUBSECTION 2.4.7(F) (2), "RELIEF FROM IMPROPER
REGULATIONS", IN ITS ENTIRETY; 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 March 15,
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 Chapter 2, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.7, "Procedures for
Obtaining Relief From Compliance with Portions of the Land
Development Regulations", Subsection 2.4.7(F), "Special Provisions",
Subparagraph (2), "Relief from Improper Regulations", of the Land
Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby repealed in its
entirety.
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which are in conflict herewith are hereby repealed.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
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
[lTV DF DELRg¥ BEflgH
CITY ATTORNEY'S OFFICE TM
FACSIMILE 407/278-4755
(407) 243-7090
MEMORANDUM
~Pt~ 8 I99/5
Date: April 7, 1993
To: David Harden, City Manager
From: David N. Tolces, Assistant City Attorne~~
Subject: Ordinance No. 28-93: Repeal of Section 2.4.7(F)(2)
(a-d) of the Land Development Requlations
Section 2.4.7(F)(2) of the City of Delray Beach Land
Development Regulations was included in the LDR's in order to
provide for a quick and efficient method for revising pro-
visions of the Land Development Regulations, including
designations on the official zoning map, which were inappro-
priately or inadvertently changed or approved. Paragraph (d)
of Section 2.4.7(F)(2) provides for a sunset of the process by
which those corrections can be made as of May 1, 1992. That
date has since passed and as a consequence, the provisions in
Section 2.4.7(F)(2) are no longer in effect.
As Section 2.4.7(F)(2) is no longer in existence, the City
Commission does not need to take any affirmative action to
delete Section 2.4.7(F)(2). It is my suggestion that Ordinance
28-93 be removed from the April 13, 1993 agenda.
If you have any questions, please call.
DNT: s h
cc: David Kovacs, Director of Planning & Zoning
Cheryl Leverett, Executive Assistant
repeal, dnt
~i~-', O_~h m~-no
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER
SUBJECT: AGENDA ITEM # - MEETING OF APRIL 13. 1993
ORDINANCE NO. 28-93
DATE: · April 9, 1993
At the March 23rd regular meeting, Ordinance No. 28-93 was deferred to
allow the City Attorney review. This an ordinance amending the Land
Development Regulations by deleting Section 2.4.7 (F)(2)(a-d) which
provided the mechanism for obtaining special relief from improper
regulations.
The LDR provisions which established this mechanism for relief, also
included a sunset clause which states that the provisions would cease
to exist on May 1, 1992, unless otherwise extended by the City
Commission. The special relief process was used 16 times over a 2 1/2
year period; with most of the activity occurring in 1991. It appears
that the majority of corrective actions have been taken, and that the
special relief process is no longer necessary.
The Planning and Zoning Board at their March 15th meeting recommended
approval. A detailed staff report is attached as backup material for
this item.
Recommend approval of Ordinance No. 28-93 on first reading.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGERt//v~l~''' ~
ORDINANCE NO. 28-93
DATE: March 19, 1993
This is the first reading of an ordinance amending the Land
Development Regulations by deleting Section 2.4.7 (F)(2)(a-d) which
provided the mechanism for obtaining special relief from improper
regulations.
The LDR provisions which established this mechanism for relief, also
included a sunset clause which states that the provisions would cease
to exist on May I, 1992, unless otherwise extended by the City
Commission. The special relief process was used 16 times over a 2 1/2
year period; with most of the activity occurring in 1991. It appears
that the majority of corrective actions have been taken, and that the
special relief process is no longer necessary.
The Planning and Zoning Board at their March 15th meeting recommended
approval. A detailed staff report is attached as backup material for
this item.
Recommend approval of Ordinance No. 28-93 on first reading.
CITY COMMISSION DOCUMENTATION
TO: .--DAVID T. HARDEN, CITY MANAGER
THRU: 'Th%~tU J. KOVACS, DIRECTOR
DEPARTMENT OF PLANNING AND ZONING
SUBJECT: MEETING OF MARCH 3
FIRST READING~ ORDINANCE DELETING LDR SECTION
2.4.7(F)(2)~ RELIEF FROM IMPROPER REGULATIONS
ACTION REQUESTED OF THE COMMISSION:
The action requested of the City Commission is that of
approval on first reading, of an ordinance modifying the
City's Land Development Regulations (LDRs).
The affected Section is:
* 2.4.7(F)(2)(a-d): Relief from Improper Requlations
BACKGROUND:
This amendment will delete a section of the LDRs that provided
an expedited means of correcting errors associated with the 1990
Citywide rezonings. The rezonings affected numerous properties
throughout the City, and it was anticipated that some of those
properties might have received an incorrect zoning designation.
This section of the LDRs created the Special Adjustment Advisory
Board, which met on an as-needed basis to review corrective
changes. The special relief provisions included a sunset date
of May 1, 1992, unless extended by the City Commission. The
provisions have not been extended, and it appears that most of
the corrective actions have been taken.
Please refer to the Planning and Zoning Board Staff Report for
more detail.
PLANNING AND ZONING BOARD CONSIDERATION:
The Planning and Zoning Board formally reviewed this item its
meeting of March 15, 1993. The Board forwarded the item with a
recommendation of approval on a 6-0 vote (Felner absent).
City Commission Documentation
LDR Amendment re: Relief From Improper Regulations
Page 2
RECOMMENDED ACTION:
By motion, approval on first reading.
Attachments:
* Ordinance by others
* P&Z Staff Report & Documentation of March 15, 1993
DD/CC247F.DOC
ORDINANCE NO. 28-93
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 2.4.7,
"PROCEDURES FOR OBTAINING RELIEF FROM COMPLIANCE WITH
PORTIONS OF THE LAND DEVELOPMENT REGULATIONS", OF THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, FLORIDA, BY REPEALING
SUBSECTION 2.4.7(F) (2), "RELIEF FROM IMPROPER
REGULATIONS", IN ITS ENTIRETY; 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 March 15,
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 Chapter 2, "Administrative Provisions",
Article 2.4, "General Procedures", Section 2.4.7, "Procedures for
Obtaining Relief From Compliance with Portions of the Land
Development Regulations", Subsection 2.4.7(F), "Special Provisions",
Subparagraph (2), "Relief from Improper Regulations", of the Land
Development Regulations of the Code of Ordinances of the City of
Delray Beach, Florida, be, and the same is hereby repealed in its
entirety.
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
immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final
reading on this the day of , 1993.
MAYOR
ATTEST:
City Clerk
First Reading
Second Reading
PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT
MEETING OF~ MARCH 15, 1993
AGENDA ITEM= III.D LDR AMENDMENT DELETING SECTION
2.4.?(F)(2); RELIEF FROM IMPROPER REGULATIONS
ITEM BEFORE THE BOARD~
The item before the Board is that of making a
recommendation to the City Commission on a proposed text
amendment to delete Section 2.4.7(F)(2)(a-d) of the Land
Development Regulations, which provided a mechanism for
obtaining special relief from improper regulations, and
established a date on which the provisions for that special
relief would sunset.
BACKGROUND~
In October 1990, the City's new Land Development Regulations and
Citywide rezoning came into effect. The changes were
significant, and properties throughout the entire City were
affected. With such widespread changes, it was anticipated that
errors within the text or on the Official Zoning Map may occur.
In order to expedite the correction of such errors, the Special
Adjustment Advisory Board was created. This Board consisted of
the Chief Building Official, a City Commission member and a
Planning and Zoning Board member, who would meet on an as-needed
basis to consider LDR and zoning map changes which were
corrective in nature. The Board was authorized to consider the
corrective amendment or zoning change, and either reject it or
forward it directly to the City Commission. The Commission
could then correct the error through an emergency ordinance.
The LDR provisions which established this mechanism for relief,
Section 2.4.7(F)(2)(a-d), include a sunset clause stating that
the provisions would cease to exist on May 1, 1992, unless
otherwise extended by the City Commission. The special relief
process was used 16 times over a two-and-a-half year period,
with most of the activity occurring in 1991. It appears that
the majority of the corrective actions have been taken, and that
the special relief process is no longer necessary. As the
provisions have not been extended, this text amendment will
delete Section 2.4.7(F)(2)(a-d) from the LDRs.
PROPOSED TEXT AMENDMENT:
Deletion of Section 2.4.7(F)(2)(a-d) (copy attached).
RECOMMENDED ACTION:
By motion, recommend approval of the text amendment deleting
LDR Section 2.4.7(F)(2)(a-d) to the City Commission.
Attachments: LDR Section 2.4.7(F)(2)(a-d)
Report prepared by: Di~gminguez
Reviewed by DJK on:~% '~' III.D.
Section 2.4.7 (F) (2)
(2) Relief from Improper Regulations: Acknowledging
that upon adoption of these revised Land Development Regulations,
it is possible and probable that errors occurred such that a
change to existing regulations or provisions of previous codes
were changed or new regulations or provisions were enacted which.
inadvertently create undue hardship which would be reversed by a
subsequent text amendment, special relief may be granted by the
City Commission as follows:
(a) Special Adjustment Advisory Board Created: A
Special Adjustment Advisory Board ks hereby created. It shall
consist of the Chief Building Official, a City Commission Member,
and a Planning and Zoning Board Member. The City Commission
Member shall be appointed by the Commission and the Planning and
Zoning Board Member shall be appointed by the Planning and Zoning
Board.
(b) Powers: The Special Adjustment Advisory
Board shall have the power, by a unanimous vote, to place before
the City Commission any provisions of these Land Development
Regulations, including designations on the Official Zoning Map,
which in its judgement were inappropriately or inadvertently
changed or approved.
(c) Procedure: A request for action by the Board
may be made by any citizen or by the City Manager. The request
shall be in writing and shall identify the affected Section, the
regulation or provision, and basis upon which such provision
should be set aside or amended. The request shall be delivered
to the Director who shall present the request to the Board. The
Board shall review the request and either reject it or forward it
to the City Commission who may deny the request or effect it
through the adoption of an emergency ordinance, pursuant to
adopted procedures for such ordinances. If the request is not
forwarded by the Board, the applicant may seek relief through the
process of an amendment initiated by the City Commission or the
Planning and Zoning Board and subject to the full hearing
process. In the case of a major amendment the property owner may
pursue rezoning of the property.
(d) Sunset: Unless otherwise extended by action
of The City Commission to amend this Subsection, the provisions
of Section 2.4.7 (F)(2) shall cease to exist on May 1, 1992.
Applications made prior to the date will be reviewed in
accordance with this section.
Amd. Ord. 64-91 09/24/91
Rev. 10/11/91