CITY OF DEERFIELD BEACH Request for City Commission Agenda

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1 Item: CITY OF DEERFIELD BEACH Request for City Commission Agenda Agenda Date Requested: January 28, 2014 Contact Person: Amanda Martinez, Interim Director of Planning & Development Services Description: Amendment to the Land Development Code relating to eminent domain variances as described in the attached memorandum. Fiscal Impact: Not applicable Budget Line Item Number and Title: Not applicable Required Attachment: A Cover Memo from the Department Head to the City Manager further describing the request and providing back-up information and documents. THIS SECTION RESERVED FOR PROCESSING OF THE REQUEST X Ordinance Resolution X Consent Agenda Agenda Item Type Presentation Written Request Public Hearing Public Hearing Second Reading Quasi-Judicial Public Hearing General Item Comments: ITEM APPROVED FOR THE AGENDA: krk 1/23/14 Signature Date

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3 ORDINANCE NO. 2014/ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA AMENDING SECTION RELATING TO EMINENT DOMAIN VARIANCES, EXPANDING THE SCOPE OF SAID VARIANCES TO INSTANCES WHERE FDOT RESTRICTIONS CAUSE NONCONFORMITIES CONTAINING A PROVISION FOR INCLUSION IN THE CODE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE WHEREAS, the City Commission wishes to provide relief to property owners negatively affected by actions of the Florida Department of Transportation; WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA THAT: SECTION 1. Section of the Land Development Code is hereby amended to read as follows: Eminent domain variances. (a) The purpose of this section is to provide a mechanism for the city to grant variances from the requirements of Chapter 98, Article III, Zoning District Regulations and Article IV, Supplementary Regulations of the City of Deerfield Beach Land Development Regulations, in those situations in which private property abutting or adjacent to state roadways east of the Intracoastal Waterway has been subjected to the eminent domain process by FDOT either by formal eminent domain proceedings or negotiation (hereinafter referred to as acquisition), or where FDOT has taken other action which has the physical effect or restricting a landowner s former use of FDOT right of way for parking purposes (hereinafter referred to as FDOT restriction), as a viable and fair means of mitigating adverse impact to such property as a result of the acquisition process, and to allow the continued use of property in a manner similar to its preacquisition condition. By providing a method for FDOT and/or the property owner to obtain a determination of the remaining allowable uses of the property, the cost of acquisitions of real property needed for public facility improvements may be reduced and the impact of FDOT restrictions will be ameliorated as well. Deleted portions struck through; added portions underlined 1

4 (b) Definitions. The following terms shall have the meaning indicated herein, when used in this section; City means the City of Deerfield Beach, Florida. Cure means a variance granted pursuant to this section which authorizes the continued use and enjoyment of private property, as a lawful use, subsequent to the creation of a non-conformity by an acquiring authority action of FDOT. FDOT means the Florida Department of Transportation or successor entity. Nonconformity means the failure of a lot, parcel, structure or use to comply with the requirements of the Land Development Code including, but not limited to, motor vehicle parking, landscaping, setbacks, lot size or other criteria, which failure is caused or increased by acquisition of private property by FDOT or by FDOT restriction. (c) (d) (e) (f) In the event that FDOT acquires private property for a public transportation facility and the acquisition results in the increase of or the creation of a nonconformity, or if an FDOT restriction creates a nonconformity (by reducing the available parking or where required relocation of parking impacts compliance with greenspace or landscape requirements of the land development code), such private property shall constitute an illegal nonconforming use unless a variance is granted in accordance with this section. FDOT and/or the property owner are each hereby granted the authority to apply for a variance from Chapter 98, Article III or Article IV of the Land Development Regulations to cure nonconformities. Application may be made prior to or after the creation of the nonconformity. The city commission shall have the authority to grant variances to cure nonconformities pursuant to this section. Granting or denying a variance. (1) Upon application for a variance by either FDOT or the property owner, existing lots, parcels, structures or uses which become or will become nonconforming or increase in nonconformity as a result of acquisition by FDOT or FDOT restriction are hereby automatically found to be a hardship due to the FDOT acquisition, provided a determination is made Deleted portions struck through; added portions underlined 2

5 by the city commission, after public hearing that the requested variance will not adversely affect the safety of pedestrians or the safe operation of motor vehicles. (2) The commission shall require implementation of whichever plan is approved pursuant to section (h) below. (g) (h) The granting of a variance shall serve to cure the nonconformity, subject to implementation of the variance in accordance with the specific approval granted and in accordance with any conditions imposed upon the grant of such variance. Procedure for application for a variance. (1) FDOT and/or property owner may apply in writing to the city manager or his designee for a variance pursuant to this section. The application may request alternative cures. There shall be no fee for this application.the applicable fee established for review and processing of the application shall be submitted with the application. (2) If an application for a variance is submitted by FDOT, the property owner shall be notified of the application by the city manager or his designee via certified mail, return receipt requested. (3) If the property owner desires to submit an application for a cure in addition to the plan proposed by FDOT, it shall do so within 15 days of such notification, so that the applications of both the property owner and FDOT may be considered at the same time. If such application is not timely submitted by the property owner, the application shall not be heard by the city commission unless the commission finds good cause for the delay by the property owner. In the alternative, the owner may file its own application independent of FDOT if there has been no such notification to the owner. (4) If an application for a variance is submitted by the property owner, FDOT shall be notified of the application by the city manager or his designee via certified mail, return receipt requested. (5) If FDOT desires to submit an application for a cure in addition to the plan proposed by the property owner, it shall do so within 15 days of such notification, so that the applications of both the property owner and FDOT may be considered at the same time. If such application is not timely submitted by FDOT, the application shall not be heard by the city commission unless the commission finds good cause for the delay by FDOT. Deleted portions struck through; added portions underlined 3

6 (6) Hearings before the city commission shall be conducted in accordance with Resolution 2008/051, as amended which provides the procedure for quasi-judicial hearings. (7) Within 14 days of the determination of the variance application by the city commission, the city manager or his designee will notify FDOT and the property owner via certified mail, return receipt requested, of the final determination. (i) (j) (k) The provisions of this section shall not be interpreted to allow for the continued existence of building or safety code violations that are determined to be an immediate threat to the public health, safety or welfare. The appropriate building officials and inspectors of the city are hereby authorized to take any and all necessary steps to enforce all applicable building and safety codes even though the subject property is part of a pending governmental acquisition. Decisions of the city commission under this section shall be subject to judicial review SECTION 2. It is the intention of the City Commission and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Land Development Code of the City of Deerfield Beach, Florida, and the sections of this ordinance may be renumbered to accomplish such intent. SECTION 3. If any word, phrase, clause, sentence, or section of this ordinance is for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of any remaining portions of this ordinance. SECTION4. That this ordinance shall be in full force and effect immediately upon its passage and adoption. PASSED 1ST READING ON THIS DAY OF, 2014 PASSED 2ND READING ON THIS DAY OF, Deleted portions struck through; added portions underlined 4 JEAN M. ROBB, MAYOR

7 ATTEST: ADA GRAHAM-JOHNSON, MMC, CITY CLERK Deerfield/Ordinances/ Eminent Domain Variances 12/26/2013 Deleted portions struck through; added portions underlined 5