File #: 20-717    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 9/3/2020 In control: City Commission
On agenda: 10/6/2020 Final action: 10/6/2020
Title: ORDINANCE NO. 41-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES BY AMENDING CHAPTER 2, “ADMINISTRATIVE PROVISIONS,” ARTICLE 2.4, “GENERAL PROCEDURES,”, SECTION 2.4.3, “SUBMISSION REQUIREMENTS,” TO REMOVE THE DEVELOPMENT SERVICES FEE SCHEDULE FROM THE LAND DEVELOPMENT REGULATIONS AND TO UPDATE THE PROCEDURES FOR ESTABLISHING AND AMENDING DEVELOPMENT APPLICATION PROCESSING FEES; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE (FIRST READING).
Sponsors: Development Services Department
Attachments: 1. Agenda Cover Report, 2. Ordinance No. 41-20, Fees, 3. P&Z Board Report Ordinance No. 41-20, Fees, 4. Legal Review Ordinance No. 41-20, Fees
No. TO: Mayor and Commissioners
FROM: Anthea Gianniotes, Development Services Director
THROUGH: Jennifer Alvarez, Interim City Manager
DATE: October 6, 2020

Title
ORDINANCE NO. 41-20: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH CODE OF ORDINANCES BY AMENDING CHAPTER 2, “ADMINISTRATIVE PROVISIONS,” ARTICLE 2.4, “GENERAL PROCEDURES,”, SECTION 2.4.3, “SUBMISSION REQUIREMENTS,” TO REMOVE THE DEVELOPMENT SERVICES FEE SCHEDULE FROM THE LAND DEVELOPMENT REGULATIONS AND TO UPDATE THE PROCEDURES FOR ESTABLISHING AND AMENDING DEVELOPMENT APPLICATION PROCESSING FEES; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORITY TO CODIFY; AND PROVIDING AN EFFECTIVE DATE (FIRST READING).
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Recommended Action:
Recommendation
Review and consider a request to approve Ordinance No. 41-20, a City-initiated amendment to LDR Section 2.4.3(K), Fees, to remove the Delray Beach Development Services Fee Schedule from the Land Development Regulations (LDRs) and establish procedures for adopting Development Services Fees.
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Background:
From time to time, the City of Delray Beach finds it appropriate to review the Development Services Fee Schedule and update application fees based on analysis and comparison to surrounding municipalities. Development Services fees are typically updated every two years, since the Department was directed to do so by the City Commission in 2003. However, the most recent update to the Fee Schedule was adopted in 2015.
Staff determined that removing the fee schedule from the Land Development Regulations (LDRs) provides a simpler, more appropriate procedure for updating the fee schedule over time. Fees are not regulatory standards and do not require analyses related to performance standards, etc. or Comprehensive Plan policies, which are part of a typical ordinance review. The City generally uses resolutions to establish financial a...

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