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Ord 27-09ORDINANCE NO. 27-49 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY C-F DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX. "A", "DEFINITIONS", TO PROVIDE AN UPDATED DEFINITION OF FAMILY; 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 proposed text amendment at a public hearing held on May 18, 2449 and voted 5 to 4 to recommend that the changes be denied; and WHEREAS, the Delray Beach Planning and Zoning Board has reviewed this ordinance and a duly noticed public hearing was held before the Planning and Zoning Board on May 18, 2409, and said Board has recommended denial of the changes to the City's Land Development Regulations regarding the definition of family by a vote of 5 to 4; 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; and WHEREAS, the City Commission of the City of Delray Beach desires to have the definition of "Family" provided in the City's Land Development Regulations reflect the most current definition of "Family"; and WHEREAS, the Census Data collected by the U.S. Census Bureau in 2444 provides that the average family size is 2.87 people; and WHEREAS, the United States District Court for the Southern District of Florida, held in ~~i y C}. u. City of Boca Kato~a, 511 F.Supp. 2d 1339 {S.D.FIa. 2047}, that there is "nothing wrong with the number three that the City has chosen." NOW, THEI~;EFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: , _ a a 3 ~ 7 , . "Family" shall mean tw~2) or mare persons living together and interrelated b~y bands of consangrrinit~,, marriage or legal adoption, and/or a ,grain of ,persons not mare than three ~3~ number who are not sa interrelated. occu~yin~ the whale or Hart of a dwellin,~ a,_s a~sety_arate housekee~in~ unit with a single set of culinary facilities. Anv raerson under the age of 18 years whose legal custody has been awarded to the State Department of Health and Rehabilitative Services or to a child-placing agencv lice„ used b; the Department. or who is otherwise considered to be a faster child under the laws of the state. and who is placed in faster care with a family, shall be deemed to be related to and a member of the family far the pumoses of this definition. Occupancies in excess of the number allowed herein shaIl have twelve f121 months from the date of the enactment of this definition . . ar the termination of the current lease agreement to come into compliance. whichever occurs first. Anyone who has applied far or received a reasonable accommodation from this definition prior to dune 1 G, 2009 shall be allowed to~roceed under the definition in existence an ~une 16. 2009 with the total number granted under the reasonable accommodation without having to re-file an aat~lication far a reasonable accommodation. 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 ar 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. Section 5. That this ordinance shall became effective immediately upon its passage on second and final reading. 2 ORD. NO.2?-09 l '~ / PASSED AND ADOPTED in regular session on second an al readin e _„~~day of _ , zao~. ATTEST MAYOR lr City Clerk First Readin `,-~ ~' Second Read.in ORD. NO. z7-Q9 Page 1 of 1 ME1I~IORANDUl~~I TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 23, 2009 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION 14IEETING OF JULY 7 2009 ORDINANCE N0.2"7-09 (SECOND READINGISECOND PUBLIC FIEARING) ITEM BEFOF~E COMMISSION This ordinance is before Commission for second reading and second public hearing to consider acity- initiated amendment to the Land Development Regulations {LDR} Appendix "A", "Definitions", to provide an updated definition of "Family", BACKGROUND At the first reading on June 2, 2009, the Commission passed Ordinance No, 27-09. RECOMMENDATION Recommend approval of Ordinance 1~To. 27-09 on second and final reading. http./Jwww.mydelraybeach,com/AgendaslB luesheet.aspx?ItemID=2324&MeetinglD=211 7!612009 Page 1 of 2 ~EMORANDITM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AItiID ZONING MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZGNING THROUGH: CITY MANAGER DATE: May 28, 2009 SUBJECT: AGENDA 1'iTM 10.F. - REGULAR COMMI,~SION MEETING ©~' JUNE 2.2009 ORDINA~iCE N0.27-09 (FIRST READINGIFIRST PUBLIC HEARINGI ITEM BEFOFLE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will provide an updated definition of the team "Family." BACKGROUND The definition Family is currently defined in the City's LDRs. It refers to one or more persons related by blood, marriage, etc. There is a graduated scale that allows additional persons to live with the family depending upon how many family members there are. These are as follows: § If there is only 1 Family member, an additional 4 unrelated persons may reside in the dwelling. § If there are 2 Family members, an additional 3 unrelated persons may reside in the dwelling. § If there are 3 Family members, an additional 2 unrelated persons may reside in the dwelling. § If there are 4 Family members, an additional 1 unrelated person may reside in the dwelling. The new definition of the term Family includes the following changes: . To be defined as Family, there must be two or more persons living together interrelated by bonds of consanguinity, marriage, legal adoption, legal custodian and foster situations or, . Not more than 3 persons that are not interrelated. http:Jlmiweb001/AgendaslBluesheet.aspx?ItemID=2254&MeetinglD=208 612312009 Page 2 of 2 + Currently occupied dwellings that do not meet this definition have 12 months from the effective date of the ordinance enactment or the termination of the current lease agreement to come into compliance, whichever occurs first. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on May 18, 200}. The Board unanimously recommended denial on a 5 to 0 vote {Glickstein and Dowd absent}, by adopting the findings of fact and law contained in the staff report and finding that the amendment is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Section 2.4.5(M} of the Land Development Regulations. RECOMMENllATION By motion, recommend approval on first reading Ordinance Na. 27-09 for achy-initiated amendment to the Land Development Regulations, by adapting 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. http.llmiweb0011AgendasBluesheet.aspx?ItemID=2254&MeetinglD=208 6/23/2009 PLANNING AND ZONING~BOARD STAFF REPORT MEET"ING DATE: MAY '18, 2009 AGENDA NO: V.B. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS {LDR), AMENDING APPENDIX "A", "DEFINITIONS", TO REVISE THE DEFINITION OF FAMILY. -' ,~ ~~. ~ `''°, ITEM`BEFC}RE THE Bt)ARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations {LDRs} that will revise the definition of Family. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. ~~ ~ .. 3 BACKGROUNDIANALYSIS The definition Family is currently defined in the City's LDRs. It refers to one of more persons related by blood, marriage, etc. 'there is a graduated scale that allows additional persons to live with the family depending upon how many family members there are. These are as follows: ^ If there is only 1 Family member, an additional 4 unrelated persons may reside in the dwelling. ^ If there are 2 Family members, an additional 3 unrelated persons may reside in the dwelling. ^ If there are 3 Family members, an additional 2 unrelated persons may reside in the dwelling. ^ If there are 4 Family members, an additional 1 unrelated person may reside in the dwelling. The new definition of the term Family includes the following highlighted changes: ^ To be defined as Family, there must be tvvv or more persons living together interrelated by bonds of consanguinity, marriage, legal adoption, legal custodian and foster situations or, • Not more than 3 persons that are not interrelated. ^ Currently occupied dwellings that do not meet this definition have 12 months from the effective date of ordinance enactment or the termination of the current lease agreement to come into compliance, whichever occurs first. '' REQUIRED FINDINGS Com rehensive Plan Conformance LDR Section 2,4.5{M}{5} {Findings} requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and a~hough no specific goal or objective relates to the proposed ordinance, it is noted that the ordinance is not inconsistent with the Comprehensive Plan. Planning and Zoning Board Meeting, May 18, 2009 LDR Amendment -Amended definition of the term "Family" REVIEW;BY OTHERS Courtestr Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, amending Appendix "A", "Definitions", to revise the definition of Family, by adapting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M} G. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, amending Appendix "A", "Definitions", to revise the definition of Family, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M} (motion to be made in the affimtative}. . RECOMMENDED=ACTION Recommend approval of the amendment to Land Development Regulations, amending Appendix "A", "Definitions", to revise the definition of Family, by adopting the findings of fact and iaw contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M} Attachment: ^ Proposed ordinance LDR-Family definition-PZB-5-18.09 ORDINANCE N0.27_Og AN ORDIN~-NCE OF THE QTY COh~MSSION OF THE CITY OF DELT;AY BEACH, FLORIDA, .~-MENDING TF~ LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY A~Iv1ENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE AN UPDATED DEFINITION OF F.AIVIILY; PROVIDING A SAVING tr'LAUSE, A GENERAL REPEALER CLAUSE, A~1D AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Pl~~ruling and Zoning Board reviewed the proposed text amendment at a public heap held on May 18, 2009 and voted 5 to 0 to recomzr~end that the changes be clertied; and WE~REAS, the Delray Beach Pla~r~rvng and Zoning Board has reviewed this ordinance and a duly noticed public he~~ng was held before the Panning and Zoning Board on Flay 18, 2009, and said Board liar recommended oval. of the changes to the City's Land Development Regulations r~~rdulg the definition of familyby a vote of 5 to 0; and V'~REAS, the City Commr~~ian of the City of Delray Beach adopts the findings in the Pl~iriring and Zoning Staff Report; and WI IERE AS, the City Cammi~cion of the City of Delray Beach finds the ardiriance is consistent with the Corr~Iensive Plan; and WHEREAS, the City Cornmissian of the City of Delray Beach desire to have the definition of "Family" provided in the City's Land Development Regulations n?flect the most cement definition of "Family"; and WHIuREAS, the Census Data collected by the U.S. Census Bureau in 2000 provides that the average familysi~ze is 2.87 people; and WF~REAS, the United States Di~;trict Court for the Southern District of Florida, held in Je~~~ O. zz Cify of Barxt Rrztrn~. 511 F.Supp. 2d 1339 (S.D.Fla. 2007), that there is "nothing wrong with the number three that the City has chosen." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COA~SSION OF THE QTY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set faith above are incorporated herei~~. Section 2. That Appendix "A", "Definitions", of the Land Develop~rr~errt Re~zlations of the City of Delray Beach, Florida, be and the same is hereby ars~nded to .Head as follows: 16.2009 shall be allou~d to proceed unc~x the definition in e.~stence on Lune 1&, 2009 with the total number granted under the reasonable accommoc~tion without having to re-file an alication for a reasonable accommodation Section 3. `That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or v4vrd be declared by a court of cor~~petent j ucisdiction to be invalid, such decision sihall not affect the validity of the r~:rnainder hereof as a whole or part thereof other tl the part d~:lared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the name are hereby repealed. Section 5. That this ordinance shall become effective immediately upon its passage on second and final reac~ng. 2 ORD. NC}. 27-09 PASSED AND .ADOPTED in x~~gular session on second and final. reading on this the day of 20(}9. ATTEST MAYOR City Clerk First Reading Second Reading ORD. NO.27-09 CE Nt). 30.0 0 ra c*t ~-: a~i m 0 as E .cr RE~I~LATItJNS AND THE t~DE ~F C~R~INANGE The City Comr~lssion of the City of Delray Beach, Florida, proposes to adopt the folkrwing ordinances:. , . _. , . • Q~tDINANCE N0, 27•tI9 , AN ORDINANCE OF.IT•IE CITY COMMISSION OF THE Cf fY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX "A°, "DEFINI- TIONS°, TO .PROVIDE AN UPDATED DEFINffION OF FAMILY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, ANDAN EFFECTIVE DATE. I±;DINAN AN ORDINANCE OF THE CITY COMMISSION OF THE'CITY OF DELRAY BEACH; FLORIDA, AMENDING THE LAND . DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 4.3:31 °SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION {I),• "COMIti1LINITY RESIDENTIAL HOMES AND GROUP HOMES°; TO UPDATE THE SECTION TO COMPORT WITH CHANGES tN SLATE LAW; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, ANDAN EFFECTIVE DATE. .. ... .. ORDINANC Q: 29.09 ~ ' AN {}RDINANCE OF 11iE CITY COMMISSION OF THE CITY OF DELRAl' BEACH, FLORIDA, AMENDING SECTION 4,3.3, °SPECIFIG REQUIREMENTS FOR SPECIFIC USES", BY ENACTING A NEW SUBSECTION 4.3.3{ZZZ), "TRANSIENT RESIDENTIAL USES°;1N. ORDER TO ESTABLISH PRQHIBI- TIONS; EXEMPTIONSIEXCEPTIONS, WAIVERS, AND PENALTIES FOR SAME; AMENDING SECTION 4.4.6, °MEDIUM DENSITY RESIDENTIAL {RM)` DISTRICT", SUBSECTION {B~, °PRINGIPAL USES AND STRUCTURES PERMITTED", IN ORDER TO PROVIDE THAT TRANSIENT RESIDENTIAL USES SHALL BE ALLOWED AS PERMITTED USES WITHIN THE {RM) DISTRICT; AMENDING APPENDIX "A", "DEFINITIONS", IN ORDER TO PROVIDE A DEFINITION OF' "TRANSIENT RESIDENTIAL USES°; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. AN 4RDINANGE OF THE CITY COMMISSION OF THE CITY ' Oi= DELRAY BEACH, FL(}RIDA, AMENDING CHAPTER 117, "LANDLORD PERMITS°r OF THE CODE OF ORDINANCES OF THE CITY t~F.DELRAY BEACH, BYAMENDING•SECTION 117,0.1, "PERMIT. REQUIRED", TO CLARIFY WHEN A PERMIT •• IS REQUIRED; AMENDING SECTION 117.03, "APPROVAL. OF APPLICATION";_,TO. PROVIDE ADDITIONAL REQUIRE- ' MENi"5; 'NMENDING 'SECTION 117.04; "APPEALS", BY RENAMING IT "DENIAL OR REVOCATION OF PERMIT APPLICATION, APPF~41;S";.'AND. AMENDING, SECTION 11705; `INSPECTIt)N",. Tf'}: PRt}VIDE: FOR INSPECTION WITH A WARRANT; ENACTING A NEW SECTI~I 117.06, °TENANTIOCCUPANT. 'EVICTION", TO ENSURE NOTICE ;AND DUE }PROCESS RIGHT'SARE'FOLL{}VdED`OR A1:1'ER- NATE FfI~USING IS PROVIDED; AND ENACTING A NEW SECTION 117.07, "SEVERABILfTY", TO PROVIDE ,FOR SEVERABILITY; PROVIDING, A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DAl'E: Tlio GIEy Coinrnission will conduct two {2) Public Hearings fir the' purpose of accepting public `testimony regarding the proposed ordinances. The first Public Hearing vri0'be held on TUESDAY JUNE x2009 AT 7.00 PkR In the Commission Chamtters at Gity Hall, 100 N.V4! 1st Avenue; Deray Beach, Florida. tt the proposed ordinances are passed on first reading, a second Public:Hearing will be held on TUESDAY, JtILY 7, 2009 AT 7:00 P.M. {ar at any contlnuafian of such meeting which is set by the Commission) in the Commission Chambers at City Ha11,100 N,W.1 st Avenue, Delray Beach, Florida.. All interested citizens are invited to attend the public hearings and comment upon the proposed ordinance or submit their comments In writing on or before the date of these hearings to the Planning and Zoning Department For further information or to obtain a copy of the proposed ordinance, please contact the Planning and Zoning Departmen#, Clty Hall, 100 N.W. ist Avenue, Delray Beach, Florida 33444 {email. at pzmail@mydelraybeach.oom~ or by salting 5611243-704tt), between the hours of 8:00 a.m, and 5:00 p.m;, Monday through Friday, excluding holidays. '. Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered a# these hearings, such person may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal Is to be based. The City does not provide nor prepare such record pursuant to F.S. 286.0105. CITY OF DELRAY BEACH Chevelle D. Nubin, CMC ' City Clerk PUBLISH: Tuesday, May 26, 2009,: Thursday, July 2, 2009 . Delray BeachtBoca Raton News'' .