Ord 07-08
i
ORDINANCE N0.07-08
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 2.4.3,
"SUBMISSION REQUI1tEMENTS", SUBSECTION 2.4.3(K),
"FEES", SUB-SUBSECTION 2.4.3(K)(1), "DEVELOPMENT
APPLICATIONS", TO PROVIDE FOR AN INCREASE IN
CERTAIN DEVELOPMENT APPLICATION FEES;
PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Boazd
reviewed the proposed text amendment at a public hearing held on January 28, 2008, and
voted 6 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning
Boazd, 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; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings
in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the
ordinance is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above aze incorporated herein.
Section 2. That 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:
(1)Develoament Aoplications: The following fees shall be charged for development
applications. All fees aze cumulative and sepazate unless otherwise indicated. Combined
applications shall provide multiple fees.
~ ~.
1
(a) Comprehensive Plan Amendment $ 2,500
(b) Review of a ADA/DRI $ 3,640
Modification of a DRI $ 1,215
(c) Voluntary Annexation with Zoning $ 1,105 (4)
(d) Rezoning of Land $ 2,000
(e) Modification of a SAD Ordinance to add a use or uses $ 2,000
(f) Conditional Uses, New Application $ 1,500
Modification requiring Board Review $ 610
(g) Master Plans $ 1,215 (1)
Master Plan Modification (5)
(h) Formal review of a Sketch Plan [Section 2.4.1(B)] $ 610
(i) Similarity of Use $ 305
(j) Site Plan Review:
Class I (Non-Impacting Modification) $ 110
Class II (Non-Impacting with Board Review) $ 225
Class III (Minor Modification) $ 550 (1)
Class IV (Major Modification) $ 915 (1)
Class V (New Submission) $ 1,215 (1)
(k) Extension requests for a previously approved $ 610
conditional use or site plan (exly-two ene-fees-is-are required
if both items are being extended for one project)
(1) Plats
Minor Subdivision
Major Subdivision
Plat Recording Fee
$ 915 (1)
$ 1,825 (1)
(3)
(m) Abandonments
Right-of--way
General Easements
$ 750
$ 370
Z ORD. N0.07-08
/ \
Specific Easements $ 185
(n) Master Sign Program $ 150
(o) Variances
Board of Adjustment $ 500
Historic Preservation Boazd $ 250
(p) Formal interpretation by the Board of Adjustment $ 60
(per item) $ 60
(q) Certificate of Appropriateness by Boazd
Alterations and/or Repairs $ 60 (2)
New Construction and Additions $ 555 (1)
Demolition and Relocation $ 555
(r) Certificate of Appropriateness by Administrator $ 0
(s) Request for Historic Designation $ 60
(t) Hearing before the Boazd of Adjustment $ 60
(per item) $ 60
(u) Temporary Use Request involving City Commission $ 130
Action
(v) Water Service Agreement Request
- - without concurrent site plan $ 130
- - with concurrent site plan $ 0
(w) Land Development Regulations Text Change $ 1,500
(x) Waivers and Internal Adjustments $ 130 per request (6)
$ 250 per request (7)
(y) Appeals by Applicant $ 335 (8)
(z) Advertising (9)
(aa) Zoning Verification Letter $ 120
3 ORD. N0.07-08
/.
(bb) Single Family Overlay District Site Plan Review $ 83A 1460 (1)
(cc) Application Fee for In-Lieu Of and Public Pazking Fee $ 225 (10)
Requests
NOTES:
(1) 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.
(3) $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.
(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.
(~) For requests made subsequent to the site plan /master plan review process.
(8) Includes appeals of both administrative decisions and Board actions.
(9) The Applicant shall be responsible for all advertising fees including newspaper publications.
The applicant shall provide pre-addressed envelopes with the required postage for mailed
notices. If the required advertising fees are not paid at least four days (4) prior to the hearing,
the presiding body, shall postpone action on the application until such fees are paid. In the
event such postponement results in additional mailing or publication costs, the applicant
shall be responsible for the additional fees.
(10) If approved, this fee will be credited toward the associated site plan modification.
(11) Recording fees of any documents shall be paid by the Applicant.
Section 3. That should any section or provision of this ordinance or any portion
thereof, any pazagraph, 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same aze hereby repealed.
ORD. N0.07-08
I `
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regulaz session on second and final reading on
this 19`n day of February, 2008.
ATTEST:
City Clerk
First Reading ~ ~c~, ~}
Second Reading ~ ~_ ` ~ O
~~.. ~~
MAYOR
5 ORD. N0.07-08
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: February 8, 2008
SUBJECT: AGENDA ITEM 10.G. -REGULAR COMMISSION MEETING OF FEBRUARY 19, 2008
ORDINANCE NO. 07-08 -SECOND READING
ITEM BEFORE COMMISSION
This item is before the Commission for a City initiated amendment to the Land Development
Regulations (LDR) Section 2.4.3, "Submission Requirements", Subsection 2.4.3(K), "Fees",
Subsection 2.4.3(K)(I), "Development Applications", to provide for an increase in certain development
application fees.
BACKGROUND
At the first reading on February 5, 2008, the Commission passed Ordinance No. 07-08.
RECOMMENDATION
Recommend approval of Ordinance No. 07-08 on second and final reading.
ORDINANCE N0.07-08
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 2.4.3,
"SUBMISSION REQUIREMENTS", SUBSECTION 2.43(K),
"FEES", SUB-SUBSECTION 2.43(K)(1), "DEVELOPMENT
APPLICATIONS", TO PROVIDE FOR AN INCREASE IN
CERTAIN DEVELOPMENT APPLICATION FEES;
PROVIDTNG A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section L1.6, the Planning and Zoning Board
reviewed the proposed text amendment at a public hearing held on January 28, 2008, and
voted 6 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Statute 1633174(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; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings
in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the
ordinance is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE TT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I. That the recitations set forth above are incorporated herein.
Section 2. That Section 2.43, "Submission Requirements", Subsection 2.43(K),
"Fees", Sub-subsection 2.43(K)(I), "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:
(1)Develoament 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 $ 2,500
(b) Review of a ADA/DRi $ 3,640
Modification of a DRl $ 1,215
(c) Voluntary Annexation with Zoning $ 1,105 (4)
(d) Rezoning of Land $ 2,000
(e) Modification of a SAD Ordinance to add a use or uses $ 2,000
(f) Conditional Uses, New Application $ 1,500
Modification requiring Board Review $ 610
(g) Master Plans $ 1,215 (I)
Master Plan Modification (5)
(h) Formal review of a Sketch Plan [Section 2.4.I (B)] $ 610
(i) Similarity of Use $ 305
Q) Site Plan Review:
~
Class 1 (Non-Impacting Modification) $ 110
Class It (Non-Impacting with Board Review) $ 225
Classll- (Minor Modification) $ 550 (1)
Class IV (Major Modification) $ 915 (1)
Class V (New Submission) $ 1,215 (1)
(k) Extension requests for a previously approved $ 610
conditional use or site plan (enl3~two ens-fees~are required
if both items are being extended for one project)
(I) Plats
Minor Subdivision
Major Subdivision
Plat Recording Fee
$ 915 (1)
$ 1,825 (1)
(3)
(m) Abandonments
Right-of--way
General Easements
$ 750
$ 370
2 ORD. NO. 07-08
Specific Easements
(n) Master Sign Program
(o) Variances
Board of Adjustment
Historic Preservation Board
(p) Formal interpretation by the Board of Adjustment
(per item)
(q) Certificate of Appropriateness by Board
Alterations and/or Repairs
New Construction and Additions
Demolition and Relocation
(r) Certificate of Appropriateness by Administrator
(s) Request for Historic Designation
(t) Hearing before the Board of Adjustment
(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) Advertising
(aa) Zoning Verification Letter
$ 185
$ 150
$ 500
$ 250
$ 60
$ 60
60 (2)
555 (1)
555
0
60
60
60
130
$ 130
$ 0
$ 1,500
$ 130 per request (6)
$ 250 per request (7)
$ 335 (8)
(9)
$ 120
3 ORD. NO. 07-OS
(bb) Single Family Overlay District Site Plan Review $ %59 1460 (1)
(cc) Application Fee for In-Lieu Of and Public Parking Fee $ 225 (10)
Requests
NOTES:
(1) 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.
(3) $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.
(4) Fee may be waived by the Ciry 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 [he 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) The Applicant shall be responsible for all advertising fees including newspaper publications.
The applicant shall provide pre-addressed envelopes with the required postage for mailed
notices. If the required advertising fees are not paid at least four days (4) prior to the hearing,
the presiding body, shall postpone action on the application until such fees are paid. In the
event such postponement results in additional mailing or publication costs, the applicant
shall be responsible for the additional fees.
(10)Ifapproved, this fee will be credited toward the associated site plan modification.
(I I) Recording fees of any documents shall be paid by the Applicant.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
4 ORD. NO. 07-08
Section 5. 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 , 200_
ATTEST
MAYOR
City Clerk
First Readi
Second Reading
5 ORD. NO. 07-08
',J
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Paul Dorling, AICP; Director Planning and Zoning
THROUGH: Ci[y Manager
DATE: January 31, 2008
SUBJECT: AGENDA 1'1'EM 12.C. -REGULAR COMMISSION MEETIN( OF FEBRUARY 5, 2005
ORDINANCE NO. 07-08
ITEM BEFORE COMMISSION
Consideration of aCity-initiated amendment to the Land Development Regulations to increase two
specific land development application fees pursuant to LDR Section 2.4.5(M).
BACKGROUND
This proposed amendment is to Section 2.4.3 (K)(1) which outlines the current fee schedules for
"Development Applications" and is limited to two specific fees, the first relates to extension requests
for previously approved projects which have both a conditional use and site plan approval and the
second is to fees charged for review of single family homes in the North Beach and Seagate overlay
districts. The first change would require a separate fee for both the Conditional Use extension request
and Site Plan extension request when associated with a single project. These extension requests require
separate review, preparation of reports to two separate Boazds, and staff preparation and presentation
before each Board. Given this level of processing it appears appropriate to charge a fee for each action.
The second change increases the overlay fee commensurate with the addition of a concept plan fee. The
current fee only covers what Urban Design Studio chazges the City. No fees are submitted for City staff
review, or transmittal of plans by FedEx to Urban Design Studio. The level of review and work is
consistent with the concept plan review and this proposed change will increase the current fee by that
amount.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on January 28, 2008. No one
from the public spoke on the issue. The Board unanimously recommended approval on a 6 to 0 vote by
adopting the findings of fact and law contained in the staff report and finding that the amendment is
consistent with the Comprehensive Plan and meets criteria set forth in Section 2.45(M) of the Land
Development Regulations.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 07-08 for aCity-initiated amendment to the Land
Development Regulations Section 2.4.3(K)(1) regarding increases of specific Land Development
Application Fees by adopting the findings of fact and law contained in the staff report and finding that
the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5
(M) of the Land Development Regulations.
ORDINANCE NO.07-08
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 2.4.3,
"SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(K),
"FEES", SUB-SUBSECTION 2.4.3(K)(1), "DEVELOPMENT
APPLICATIONS", TO PROVIDE FOR AN INCREASE IN
CERTAIN DEVELOPMENT APPLICATION FEES;
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 [he proposed text amendment at a public hearing held on January 28, 2008, and
voted 6 to 0 to recommend that the changes be approved; and
WHEREAS, pursuant to Florida Sta[ute 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; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings
in the Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach finds the
ordinance is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section I . That the recitations set forth above are incorporated herein.
Section 2. That Section 2.4.3, "Submission Requirements", Subsection 2.4.3(K),
"Fees", Sub-subsection 2.4.3(K)(I), "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:
(I)Develoument 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 $ 2,500
(b) Review of a ADA/DRI $ 3,640
Modification of a DRI $ 1.215
(c) Voluntary Annexation with Zoning $ 1,105 (4)
(d) Rezoning of Land $ 2,000
(e) Modification of a SAD Ordinance [o add a use or uses $ 2,000
(f) Conditional Uses, New Application $ 1,500
Modification requiring Board Review $ 610
(g) Master Plans $ 1,215 (I)
Master Plan Modification (5)
(h) Formal review ofa Sketch Plan [Section 2.4.1(B)j $ 610
(i) SimilariryofUse $ 305
Q) Site Plan Review
Class 1 (Non-impacting Modification) $ 1 10
Class lI (Non-Impacting with Board Review) $ 225
Class lIi (Minor Modification) $ 550 (1)
ClasslV (Major Modification) $ 915 (])
Class V (New Submission) $ 1,215 (1)
(k) Extension requests for a previously approved $ 610
conditional use or site plan (enty-two epe-fees-is-are required
if both items are being extended for one project)
(I) Plats
Minor Subdivision
Major Subdivision
Plat Recording Fee
$ 915 (1)
$ 1,825 (l)
(3)
(m) Abandonments
Right-of--way
General Easements
$ 750
$ 370
2 ORD. NO. 07-08
Specific Easements
(n) Master Sign Program
(o) Variances
Board of Adjustment
Historic Preservation Board
(p) Formal interpretation by the Board of Adjustment
(per item)
(q) Certificate of Appropriateness by Board
Alterations and/or Repairs
New Construction and Additions
Demolition and Relocation
(r) Certificate of Appropriateness by Administrator
(s) Request for Historic Designation
(t) Hearing before the Board of Adjustment
(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) Advertising
(aa) Zoning Verification Letter
185
150
500
250
60
60
60 (2)
555 (I)
555
0
60
60
60
130
$ 130
$ 0
$ 1,500
$ 130 per request (6)
$ 250 per request (7)
$ 335 (8)
(9)
$ 120
3 ORD. NO. 07-08
(bb) Single Family Overlay District Site Plan Review $ $50 1460 (1)
(cc) Application Fee for In-Lieu Of and Public Parking Fee $ 225 (10)
Requests
NOTES:
(1) 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.
(3) $30.00 for [he 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.
(4) Fee may be waived by the City Manager, for properties that have already been developed, or
for sites under one (I) 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) The Applicant shall be responsible for all advertising fees including newspaper publications.
The applicant shall provide pre-addressed envelopes with the required postage for mailed
notices. If the required advertising fees are not paid at least four days (4) prior to the hearing,
the presiding body, shall postpone action on the application until such fees are paid. In the
event such postponement results in additional mailing or publication costs, the applicant
shall be responsible for the additional fees.
(10) if approved, this fee will be credited toward the associated site plan modification.
(I I) Recording fees of any documents shall be paid by the Applicant.
Section 3. 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
4 ORD. NO. 07-08
Section 5. 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 , 200_
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
ORU. NO. 07-08
PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: JANUARY 28, 2008
AGENDA NO: IV. D.
AGENDA ITEM: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
SECTION 2.4.3(K)(1) TO INCREASE SPECIFIC DEVELOPMENT
APPLICATION FEES.
ITEM BEFORE THE 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 specific
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.
BACKGROUND AND ANALYSIS
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, and again in 2007 LDR amendments
were processed that increased the development application fees by 5%. In addition, the
proposals, 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.
In 2007 larger increases were also adopted for Amendments to the Comprehensive Plan,
Rezoning, Amendments to the Land Development Regulations, Conditional Uses,
Abandonment of rights-of-way and Variances. The proposed changes also included a new fee
for advertising costs that required 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.
In 2007 an increase from $750.00 to $850.00 for review of single family homes within the North
Beach/Seagate and Ocean Neighborhood Overlay Districts was also proposed to reflect
increases proposed in the renewal contract agreement between the Ciry and Urban Design
Studio. This fee is directly passed through to Urban Design Studio and the City retains no fees
for their review.
This proposed amendment is to Section 2.4.3 (K)(1) which outlines the current fee schedules for
"Development Applications" and is limited to two specific fees, the first relates to extension
requests for previously approved projects which have both a conditional use and site plan
approval and the second is to fees charged for review of single family homes in the North Beach
and Seagate overlay districts. The first change would require a separate fee for both the
Conditional Use extension request and Site plan extension request when associated with a
single project. These extension requests require separate review, preparation of reports to two
Planning and Zoning Board Memorandum Staff Report -January 28, 2008
LDR Text Amendment -Land Development Application Fees
separate Boards, and staff preparation and presentation before each Board. Given this level of
processing it appears appropriate to change a fee for each action. The second change
increases the overlay fee commensurate with the addition of a concept plan fee. The current
fee only covers what Urban Design Studio charges the City. No fees are submitted for City staff
review, or transmittal of plans by FedEx to Urban Design Studio. The level of review and work
is consistent with the concept plan review and this proposed change will increase the current
fee by that amount.
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 ACTION
By motion, recommend to the City Commission approval of the amendments to the Land
Development Regulations Section 2.4.3(K)(1) regarding specific increases specific Land
Development Application 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.
Attachment:
• Proposed Text
PROPOSED TEXT AMENDMENT
Section 2.4.2 Notice Requirements: The City Commission, the Planning and Zoning Board, and
other Boards which are involved with the implementation of these Land Development Regulations
shall conduct meetings and shall provide public notice of their tentative actions pursuant to this
Section. All costs incurred by the City for advertising, providing notice and recording of any
documents shall be paid by the Applicant.
Section 2.4.3 (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. [Amd. Ord.
46-95 9/SI95]
(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.
Fees amended by (Ord. 47-07 10-16-07]; (Ord. 44-07 9/18/07]; (Ord. 25-07 8/21/07]; (Ord. 49-
05 8/18/05]; (Ord. 88-04 1/4/05]; (Ord. 13-03 8/17/03]; (Ord. 50-97 11/18/97]; (Ord. 48-95
9/5/95]
(a) Comprehensive Plan Amendment $ 2,500
(b) Review of a ADA/DRI $ 3,640
Modification of a DRI $ 1,215
(c) Voluntary Annexation with Zoning $ 1,105
(d) Rezoning of Land $ 2,000
(e) Modification of a SAD Ordinance to add a use or uses $ 2,000
(f) Conditional Uses, New Application $ 1,500
Modification requiring Board Review $ 610
(g) Master Plans $ 1,215
Master Plan Modification
(h) Formal review of a Sketch Plan [Section 2.4.1(B)] $ 610
(i) Similarity of Use $ 305
(j) Site Plan Review:
Class I (Non-Impacting Modification) $ 110
Class II (Non-Impacting with Board Review) $ 225
Class III (Minor Modification) $ 550
Class IV (Major Modification) $ 915
Class V (New Submission) $ 1,215
(k) Extension requests for a previously approved $ 610
conditional use or site plan (enty-two eae-fee_s+s-are required
if both items are being extended for one project)
(I) Plats
Minor Subdivision $ 915
Major Subdivision $ 1,825
Plat Recording Fee
(m) Abandonments
Right-of-way $ 750
General Easements $ 370
Specific Easements $ 185
(n) Master Sign Program $ 150
(o) Variances
Board of Adjustment $ 500
(4)
(1)
(5)
(1)
(1)
(1)
(1)
(1)
(3)
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment -Land Development Application Fees
Historic Preservation Board $ 250
(p) Formal interpretation by the Board of Adjustment $ 60
(per item) $ 60
(q) Certificate of Appropriateness by Board
Alterations and/or Repairs $ 60 (2)
New Construction and Additions $ 555 (1)
Demolition and Relocation $ 555
(r) Certificate of Appropriateness by Administrator $ 0
(s) Request for Historic Designation $ 60
(t) Hearing before the Board of Adjustment $ 60
(per item) $ 60
(u) Temporary Use Request involving City Commission $ 130
Action
(v) Water Service Agreement Request
- - without concurrent site plan $ 130
- - with concurrent site plan $ 0
(w) Land Development Regulations Text Change $ 1,500
(x) Waivers and Internal Adjustments $ 130 per request (6)
$ 250 per request (7)
(y) Appeals by Applicant $ 335 (8)
(z) Advertising (9)
(aa) Zoning Verification Letter $ 120
(bb) Single Family Overlay District Site Plan Review $ 850 1460 (1)
(cc) Application Fee for In-Lieu Of and Public Parking Fee $ 225 (10)
Requests [Amd. Ord. 80-06 1/2107
NOTES:
(1) 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. [Amd. Ord. 50-97 11/18/97]; [Amd. Ord. 48-95 915/95]
(2) This fee shall be credited against any other processing fee which may be applicable to the
request.
(3) $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. [Amd. Ord. 46-95 9/5195]
(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. [Amd. Ord. 50-97 11/18/97]
(5) Same fee that would apply for site plan modification. [Amd. Ord. 50-97 11/18197]
(6) For requests made during the site plan /master plan review process. [Amd. Ord. 50-97
11118/97]
(7) For requests made subsequent to the site plan /master plan review process. [Amd. Ord. 50-
97 11118197]
(8) Includes appeals of both administrative decisions and Board actions. [Amd. Ord. 50-97
11 /18/97]
(9) The Applicant shall be responsible for all advertising fees including newspaper publications.
The applicant shall provide pre-addressed envelopes with the required postage for mailed
notices. If the required advertising fees are not paid at least four days (4) prior to the hearing,
the presiding body, shall postpone action on the application until such fees are paid. In the
event such postponement results in additional mailing or publication costs, the applicant shall
be responsible for the additional fees. [Ord. 44-07 9118/07]; [Amd. Ord. 25-07 08/21/07];
Planning and Zoning Board Memorandum Staff Report
LDR Text Amendment -Land Development Application Fees
[Amd. Ord. 50-97 11118197]
(10) If approved, this fee will be credited toward the associated site plan modification. [Amd. Ord.
80-06 1/2/07]
(11) Recording fees of any documents shall be paid by the Applicant. [Amd. Ord. 25-07
08121 /07]
January 24, 2008
CG `I ~Ct.v~ ~ Cc~ a~
wwW.bocanews.com • Boca Raton/Delray Beach News -Friday-Saturday, February &9, 2008 13
NOTICES
100
ANNOUNCEMENTS
A PUBLIC HEARING veal be haltl m
the kNbrirg prOposetl ominarlces al
):00 p.m. on TUESDAY, FEBRUAflY
t9, 2000 (m al any contlnua8on d
such meeting which is set ny Ihe
(:hLnbers, 100 N.W. 1M Arerwe, DN-
reY Beam, Fbritla, al wlvch Bme me
Ciry Commission will mnsitler meir
may ce mspeMeO m me puce W Ihe
CnY Clerk al Ciry Han, 100 NW 151 ,
Avenue, Delray Beacb, FloritlA, be
nvem Ore noes al a 00 Am. ard9.90
pm., MoMay Mrougn FrMaK eacepl
Inldays. AA 011ereskd pates are im
yed m anentl and be neam wiln m
spM l0 9w propomd ortlinarrzs.
ORDINANCE NQ 01-00
AN ORDINANCE OF THE CITY COM~
MISSION OF THE CITY aF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVfI OPMFNT FFfl11 a.
LIFTS ARE A PERMITTED USE FOF
AN IN~FILL DEVELOPMENT PRO
JECT THAT HAS BEEN VACANI
FOR A MINIMUM PERKX) OF ONE
YEAR; AMENDING SECTION 4.6.9
'OFF-STREET PARKING' REGUU
TIONS', SUBSECTION 4.fi.9(EI
LOCATION OF PARKING SPACES'
Sl0}SUBSECTIONS L6.B~E(~3), 'IN~
LIEU FEE', AND 1.6.9(EN<), TUBLIC
PARKING FEE', TO PRQVIDE THAI
IN-LIEU FEES AND PUSLIO PARK
LNG FEES APE AVAILABLE FOR IN
FlLL DEVELORMENTS THAT HAVE
BEEN VACANT FOI1 A PERI00 OF
FIVE YEARS OR LONGER; AMEND
ING APPENDIX 'A' TO PROVIDE A
REWSEO DEFINITION FOP IN-flLl
DEVELOPMENT; Pfl0VI01NG.A
SAVING CAUSE, A GENERAL RE~
PEALEfl CLAUSE, ANO AN EFFEG
iIVE DATE.
ORDINANCE NQ OSAe
AN ORDINANCE OF THE CRY COM~
MISSION OF THE cITY OF DELMY
BEACH, FLORIDA, PEZONNIG AND
PLACING LAND Pfl ESENTLV
20NE0 SAD.(SPECPL ACTIVITIES
BISTRICT) TO OSR (OPEN. SPACE
WO RECREATION) DISTRICT; SA10
AND BEING A PARCEL. LOCATED
EAST OF MIDTOWN 9ELflAY. (FKA
3LOOD5 HAMMOCK OROVESI PNO
NEST OF ORCHARD WEW PARK,
4S MORE PARTICULARLY DE-.
6CflIBED HEREIN; AMENDING
20NING MAP OF DELRAY BEACH,
-LORIDq APRIL 20DT; PRWIpING
4 GENERAL REPEALER CLAUSE, A
BAYING CLAUSE, AND AN EFFEC-
IIVEDATE.
ORDINANCE N0.0>-OB
W ORDINANCE OF THE CITYQOM-
MESiGN OF THE CITY OF-DELAAY
BEYDIF. FLORIDA; AMENpWO. THE
AND DEYELOPMENTREGULA-
rIQNS OF THE CODE OFORDI-
VANCES, DY AMENDING SECTIDV
!.t.3, 'SUBMISSIONpEOVIRE-
iENTS', SUBSECTION 2.1.3iK),
FEES', .SUB-SUBSECTION
L43(IQ(IL 'l9EVELORMENT-APPLE
:rTFIONS', TD PflOVIDE FOR AN W~
:flEASE IN CERTAIN OEVELOP~
RENT APPLICATION FEES; PRO-
MING A SAVNG CLAUSE, A GEFI
aiAL REPEALER CLAUSE, AND AN
~FECTIVE DATE.
ORDNANCE N0. fOJ18
DINANCE of THE CITY CONt
N of THE CRV OF DELRAY
1. FLOflIDA. CREATING
HORITY', TO PflOVIDE
i AND FEES FOR THE
CEMETERY; PflOVID-
NG CLAUGE, A GENEfl-
-Efl CAUSE, AND AN
MTS.
pima In.l a a ceraa„ ae
kqs, iuroM1 permn meQ neee ro envxe
ma a maim r min we.c ma
IeNimonr ana e.iaence uyon .hick
me apval is m ee b.aaa. me ciiyl
does not proriae nor prepare such
revere puralaA b F S. R5.%O5.
CRY OP DELRAY BEACH
Cherelle D Nub'el, qMC
CAygerk
PUbtim: FrMry February B, 2008
Boca RalomDelray eeam News