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Ord 05-10ORDINANCE NO. 05-10 AN ORDINANCE C-F THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CRAFTER TWO, "ADMINISTRATIVE PROVISIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELItAY BEACH, BY AMENDING SECTION 2.4.7{G), "REQUESTS FOR REASONABLE ACCOMMODATION", IN ORDER TO AMEND THE REQUEST FORM FOR REASONABLE ACCOMMODATION FROM THE LAND DEVELOPMENT REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPF~LER 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 December 21, 2409 and voted G to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Fiarida Statute 163.3174{4){c), the Planning and Zoning Berard, sitting as the Local Planning Agency, has determined that the change is consistent with and fiirthers the goals, objectives and policies of the Comprehensive Plan; and NOW THEREFORE, BE IT ORDAINED BY THE CITY COZvIMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 2.4.7{G), "Requests for Reasonable Accommodation", shall be amended to read as follows: {G) Requests for Accommodation. {1) Purpose. The purpose of this section is to implement a procedure for processing requests for reasonable accommodation to the City's Code of Ordinances, Land Development Regulations, Rules, Policies, and Procedures far persons with disabilities as provided by the federal Fair Housing Amendments Act {42 U.S.C, 3601, et. seq,) ("FHA") and Title II of the Americans with Disabilities Act {42 U.S.C. Section 12131, et. seq,) {"ADA"). For purposes of this section, a "disabled" person is an individual that qualifies as disabled andf or handicapped under the FHA and f err ADA, Any person who is disabled {or qualifying entities) may request a reasonable accommodation with respect to the City's Land Development Regulations, Code of Ordinances, rules, policies, practices and/err procedures as provided by the FHA and the ADA pursuant to the procedures set out in this section. {2) Notice to the Public of Availability of Accommodation. The Cite shall display a notice in the City's public notice bulletin board {and shall maintain copies available for review in the Planning and Zoning Department, the Building Department, and the City Clerk's C}ffice}, advising the public disabled individuals {and qualifying entities} may request a reasonable accommodation as provided herein, {3) Application. A request by an Applicant for reasonable accommodation under this section shall be either oral or written. A written request may be submitted by completion of a reasonable accommodation request form, which form is maintained by (and shall be submitted to} the Department of Planning and Zoning ("P&Z"}. The reasonable accommodation form shall contain such questions and requests for information as are necessary for processing the reasonable accommodation request. The reasonable accommodation request form shall be substantially in the form set forth in Subsection 2.4.7{G} {8}, below. {a} Confidential Information. Should the information provided by the disabled individual to the City include medical information or records, including records indicating the medical condition, diagnosis or medical history of the disabled individual, such individual may, at the time of submitting such medical information, request that the City, to the extent allowed by law, treat such medical information as confidential information of the disabled individual. The City shall thereafter endeavor to provide written notice to the disabled individual, andJor their representative, of any request received by the City for disclosure of the medical information or documentation which the disabled individual has previously requested be treated as confidential by the City. The City aTill cooperate with the disabled individual, to the extent allowed by law, in actions initiated by such individual to oppose the disclosure of such medical information or documentation, but the City shall have no obligation to initiate, prosecute or pursue any such action, or to incur any legal or other expenses {whether by retention of outside counsel or allocation of internal resources} in connection therewith, and may comply with any judicial order without prior notice to the disabled individual. (6} Fee. There shall be no fee imposed by the City in connection with a request for reasonable accommodation under this section or an appeal of a determination on such request to the City Council, and the City shall have no obligation to pay a requesting party's {or an appealing party's, as applicable} attorneys fees or costs in connection with the request, or an appeal. {c} City Assistance. The City shall provide such assistance and accommodation as is required pursuant to FHA and ADA in connection with a disabled person's request for reasonable accommodation, including, without limitation, assistance with reading application questions, responding to questions, completing the form, filing an appeal, and appearing at a hearing, etc., to ensure the process is accessible. 2 ORD. NO. QS-10 (4) Findings far Reasonable Aceomn~nadatian. In deterrn;ri~ng whether the reasonable accommodation request shall be granted ar denied, the requesting party shall be required to establish that they are protected under the FHA andf or ADA by demonstrating that they are handicapped or disabled, as defined in the FHA and/ar ADA. Although the definition of disability is subject to judicial interpretation, for purposes of this ordinance the disabled individual must show: {i) a physical ar mental impairment which substantially limits one or more major life activities; {ii} a retard of having such impairment; ar {iii} that they are regarded as having such impairment. 1~1ext, the requesting party will have to demonstrate that the proposed accommodations being sought are reasonable and necessary to afford handicappedJdisabled persons equal opportunity to use and enjoy housing. The foregoing {as interpreted by the Courts) shall be the basis for a decision upon a reasonable accommodation request made by the City Manager, or his f her designee, or by the City Commission in the event of an appeal. (5} Native of Proposed Decision. The City Manager, or his f her designee, shall have the authority to consider and act on requests far reasonable accamrnodation, after notice and public hearing to receive comments, input and information from the public (provided, however, the City Manager, ar his jher designee, shall not be required to render their decision at said public hearing}. ~X/hen a reasonable accommodation request form has been completed and submitted to the Planning and Zoning Department, it will be referred to the City Manager, or his jher designee, for review and consideration. The City Manager, ar his f her designee, shall issue a written determination within forty- five (45) days of the date of receipt of a completed application and may, in accordance with federal law, (1) giant the accommodation request, (2} grant a portion of the request and deny a portion of the request, andJor impose conditions upon the grant of the request, or (3) deny the request, in accordance with federal law. Any such denial shall be in writing and shall state the grounds therefor, All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the requesting party {i.e. the disabled individual or his/her representative) by certified mail, return receipt requested If reasonably necessary to reach a deternination on the request for reasonable accommodation, the City Manager, ar his jher designee, may, prior to the end of said forty-five (45) day period, request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have fifteen (15) days after the date of the request far additional information to provide the requested information. In the event a request for additional information is made, the forty-five {45) day period to issue a written determination shall na linger be applicable, and the City Manager, or hisjher designee, shall issue a written determination within dhirty {30) days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said fifteen (15} day period, the City Manager, or his jher designee, shall issue and written notice advising that the requesting party had failed to timely submit the additional information and therefore the request far reasonable accammadatian shall be deemed abandoned 3 C-RD. NC7. Q5-10 andJor withdrawn and no further action by the City with regard to said reasonable accommodation request shall be required. {6) Appeal. Within ~ {30} days after the City ZVlanager's, ar his Jher designee's, determination on a reasonable accommodation request is mailed to the requesting party, such applicant may appeal the decision. All appeals shall contain a statement containing sufficient detail of the grounds for the appeal. Appeals shall be to the City Commission who shall., after public notice and a public hearing, render a determination as soon as reasonably practicable, but in no event later than sixty {60} days after an appeal has been filed. {7} Stay of Enforcement. While an application for reasonable accommodation, or appeal of a determination of same, is pending before the City, the City will not enforce the subject zoning ordinance, rules, policies, and procedures against the Applicant {8) Request Form for Reasonable Accommod.atian. (a) Contents of Reasonable Accommodation Request Farm: 1. Name of Applicant, 2. Telephone Number, 3. Address of ap~licant,,~unless you are ,governed b~42 U,S.C. ~290d.d.. in which case~ou are not required to provide an address but you may be requested to t~rovide documentation to substantiate our claim that~ou are governed b~ this sectianl. 4. Address of housing ar other location at which accommodation is requested, (unless you are~overned by 42 U.S.C. §290d.d~,i~which case you are not required to provide an address but you maybe requested to tirc~vide docut~entation to substantiate vour claim that oy u axe governed by this section). 5. Describe qualifying disability or handicap, 6. Describe the accommodation and the specific regulation{s} and/or procedure{s) from which accommodation is sought, 7. Reasons the reasonable accommodation may be necessary for the individual with disabilities to use and enjoy the housing or other service, 8. Name, address and telephone number of representative, if applicable, 9. Other relevant information pertaining to the disability or property, 1{}, Signature of Disabled Individual or Representative, if applicable, or Qualifying Entity, 2 2. Date of Application. ection 2. That should any section ar provision of this ordinance or any portion thereof, any paragraph, sentence, clause or word be declared by a court of competent jurisdiction to be invalid, such 4 ORD. NO.OS-10 i - decision shall not affect the validity of the remainder hereof as a whole or part hereof other than the part declared invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective upon its passage on second and finSa•lyr, ending. '~!~ y PASSEL? AND ADOPTED in regular session on second and final reading on tl~s the ~~, day of ~ws. , 210. ~~ ff ATTEST: City Clerk MAYO First Reading ~ ~ ~~.~~ Second Reading ~\l~ ,~ OR.D. NO. 05-10 Page 1 of 1 MEMOI~~~DITM TO: Mayor and City Comrrussioners FROM: David T. Harden, City Manager DATE: January 12, 2410 SUBJECT: AGENDA ITEM iO.E. - REGULAR COMMISSIQN MEETING OF JANUARY 14 2010 ORDINANCE NU. 05-10 ITEM BEFdRE Cdlk[MISSIQN This ordinance is before Commission for second reading to consider achy-initiated amendment to the Land Development Regulations {LDR} Section 2.4.7{G}, "Requests for Reasonable Accorrunodation", to provide an exception to the property address requirement on the "Request Form for Reasonable Accommodation". BACKGRdUND At the first reading on January 5, 2410 the Commission passed Ordinance No. 45-14. The ordinance was revised for the exception to apply to the address of the applicant as we11 as the address where the accommodation is requested; this revised Ordinance No. 45-14 is before Comrrussion for approval on second reading. RECdMMENDATION Recommend approval of Ordinance Na. 45-14 on second and final reading. http:/lmiweb4411AgendaslBluesheet.aspx?ItemID=2944&MeetinglD=234 2/212414 ORDINANCE NO.05-10 AN ORDINANCE OF TIC CITY COn~IlVIISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAI''TER TWO, "ADMINISTRATIVE PROVISIONS", OF THE LA~dD DEVELOPMENT REGULATiOItiIS OF THE CITY OF DEZIiAY BEACH, BY ~-1~rIENDING SECTION 2.4,7(G), "REQUEST'S FOR REASONABLE ACCOMMODATION", IN ORDER TO ~?-1~~rIEND THE REQUEST FORM FOR REASONABLE ACCOI49MODATION FROM THE LAND DEVELOPMENT REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLALESE, AND AN EFFECTIVE DATE, V'~I~REAS, pursl.~ant to LDR Section 1.1.6, the Panning and Zoning Board nvecn~d the proposed text arrendrrrent at a public hea~~ing held on December 21, 2009 and voted 6 to 0 to recomrrend that the clh~~nges be approved; and WHEREAS, p'ursuar~ to Florida Statute 163.3174(4){c), the Pl~truiing and Zoning Boatel, sitting as the Local Planning A~ge~vcy, has determined that the ~ is consistent with and furtYvers the goals, objectives and policies of the Comimehensive Plan; and NOW T"I~REFORE, BE IT ORDAINIED BY TIC CITY COI~rIlVIISSION OF TIC CITY OF DELI2AY BEACI-~ FLORIDA AS FOLLOWS: tiara 1_ That Sewn 2.4.7{G), "Requests far Reasonable Accamnuadatian", shall be arrenc~~cl to rea<3 as follows: (G) Requests far Accommodation. (1) Purpose. 'The purpose of this section is to implement a procedure for processing requests far i~s+orrable accorzmx~dation to the City's Code of Ordinances, Land Development IZ:egulations, Rules, Policies, and Proeedru~es for persons with disabilities as provided by the fedet~l Fair Housing Armendrrtents Act (42 U.S.C. 3601, et. seq.) {`BHA"~ and Title II of the Am~:~icar~s with Irtisabilities Act {42 U.S.C. Section 12131, et. seq.) ("ADA"). For Purposes of this section, a "disablecN' person is an individual. that qualifies as disabled and~ar handicapped under the FHA andJor ADA. Any person who is c~sabl+ed (or qualiE3ring entities) may regt~,st a reasonable accommodation with respect to the City`s Land L)evelc~pment Regulations, Cade of Ordinarues, hales, policies, practices and/or procedures as provided by the FHA and the ADA pursuant to the pmoce~:~rs set out in this section. (2) Notice to the Public of Availability of Accommodation. The City slhall display a notice in the City's public notice bulletin board {and shall maintain copies available for review in the F`Iantung and 2~crning Departrr.~ertt, the Building Department, and the City ClerKs Uffice}, advising the public c~sabled individuals {and gualify~~ng entities} may ~~ a reasonable accarrnr~odatian ass proviclred herein. (3} Application. A rf~c~est by an Applicant for reasonable accommodation under this section shall. be either oral or written. A written r~}quest may be submitted by completion of a reasonable accommodation request form which form is maintained by (and ~ be submitted to} the Department of PI<~rming and Zoning ("P&Z"}. The reasonable accomr~sx~datian farm shall contain such questions and requests far information as are necessa7.y for processing the reasonable accommodation request. T'he reasonable accamn~cxlation rE~~est form shall be substantially in the farm set faith in Subsection 2.4.7(G) (8},below (a} Gonfidential Information. Should the information provided by the disabled individual to the City include medical infamiation or records, ir~clucliiig records indicating the medical condition,' diagnosis or medical history of the disabled individual, such indivirl may, at the time of submitting slrh medical information, r~~~Zest that the City, to the extent allowed by law, treat such medical information as confidential information of the disabled individual. The City shall thereafter endeavor to provic~ written notice to the disabled individual, andJor their representative, of any request received by the City far disclosure of the medical information or ckx:tur~~ttatian which the disabled individual has previously requested be treated as confidential by the City. The City will cooperate with the disabled individual, to the extent allowed. bylaw, in actions initiated by such individual to oppose the clisclasure of such medical information or documentation, but the City shall. have rua obli~tion to initiate, prosecute or pursue any s~rh action, or to incur any le~l ar other expenses {whether by retention of outside counsel or allocation of internal reso~} in canr~ection therewith, and may comply with any judicial order without prior notice to the disabled individual. (b} Fee. There shall be na fee imposed by the City in connection with a request for reasonable accammcxlatian under this section or an appeal of a detemunation on such request to the City Council, and the City shall have na oblition to pay a regtae~ting partyrs (ar an appealing partyrs, as applicable} atton~sys fees ar costs in connection with the request, or an a]~ {c} City Assistance. The City shall provide such assistance and accaminodatian as is regtaired pursuant to 1~HA and ADA in cannec.~ion with a disabled person`s regi:~est for reasonable accomrxxxlation, zriclu without limitation, assistance with r~~~c~ng ~tion questions, to questions, con~g~letirtg the fomf, filing an appeal, and appearing at a hearing etc., to ensure the process is accessible. 2 C}RI?. NC). 05-10 (4) Findings fot Reasonable Accommodation. In determining whether the reasonable accamrnadation request shall be granted or deruied, the requesting party shall. be required to establish that they are protected under the FHA and/or ADA by derrx~nstrating that they are handicapped ar disabled, as defined in the FHA and/ar ADA. Althaugku the definition of disability is subject to judicial int~~Pre'tation, for ptiupases of this or<linaance the clissabled individual must shave {i} a physical or mental iYt-pairrrtent which substantially limits one or more major life activities; (ii) a record of having such ixr~pairrnent; or {iii) that Huey are regan~ed as having suxcla iYrtpau~nent. Next, the requesting party v!aill leave to ~rLSt .rate that the proposed accommodations ~ being sought are reasonable and necessary to afford hauzdic~ppedldisab~d persons e+~ apporhunity to use and enjoy housu~ The foregoing (as intt~preted by the Courts) shall be the basis far a decision upon a reasonable accommodation requaest made by the City IV>i~ruager, or his/her designee, or by the City Commission in the event of an alalaeal. (5) Notice of Proposed Decision. The City Manager, or his/her designee, shall have the authority to consider and act on requests for reasonable accomrnadatian, after notice and public h,ea~:irug to receive carxuunents, input and information from the public {provided, however, the City TUlanager, or his/her designee, shall not be required to render their decision at said public h~~ing}. When a reasonable accomnrxlatian rE'~[~ form has been cornplt~ted and submitted to the IaJs~rur~ing and Zoning Depautnx~at, it will be re~ to the City l~~~ual',er, or luis/hex' cles~~, for review and carusideration. The City Manager, or lais/laer designee, sl>all issaae a written deterraaainnatian within forty five {45} days of the date of receipt of a completed application and rxuay, in accordance with federal. law, {1) grant the accommodation request, (2) grant a portion of the request and decay a portion of the request, and/or impose conditions upon the grant of the x~~uest, or (3) ~Y the recluaest, in accordance H~itla federal law Any such denial shall be in writing and shall state the grounds traerefor. All written deteumit7ations ahall give notice of the to ~~ The notice of deteaznuaatian shall be sent to the requesting party {i.e. the c~sabbled individual or his/ruer representative) by certified mail, return receipt requested If reasonably neeea~au.Y to reach a determination on the rE~quest for reasonable accommodation, the City I<~az, ar his/her designee, rruay, prior to the eiul of said forty-£ive {45} day perooc)< request ac~itional infon~tion from the requesting party, sp~ifYing in sufficient detail what information is required. The request,ng party shall have fifteen {15) days after the date of the request for additional infommation to provide the requested infomuation In the event a ~~ for additional information is made, the foxty<five {45} day period to issue a written determination shall no longer be applicable, and the City Mau~ager, or his/her designee, shall issue a written detemuination within thirty {30) days after receipt of true additional inforiruation. If the regaaesting panty fails to provide the requested additional information within said fifteen (15) day period, the City I4lanager, or his/her designee, shad issue and written notice a~ng that the requ~wfting party had failed to timely submit the additional information and tl>erefore the t+egt~est for reasonable accommodation shall. be deemed abancbned 3 tJRD. Nt,~. 05-10 andJor withdrawn and rta furtluer action by the City with r~~ard to said reasonable accon~nadation r~~~est shall be regtriretl. {{) Appeal. Within thirty {30) days after the City Mays, or lvslher.' desigc~ee's, detemvnatian an a reasonable accomrrxadation r#~~aest is mailed to the recltresting party, such applicant may a~~peal the decision. All appeals shhall contain a statement con~~~ting sufficient detail of the grounds far the al~?eal. ~-~~~eals s~ha]l be to the City Corrurdssion who s) after public notice and a public hem render a determination as loan as reasonably practicable, but in na event later than sixty {6(}) days after an appeal has been filed {"?) Stay of Enforcement. V'Jtule an application for reasonable accommodation, ar a~p~peal of a d~Yterrninatian of same, is pending before the City, the City will not enforce the subject zoning ordinance, rules, policies, and procedures ai~m~st the Applicant. {$~ Request Form for Reasonabie Accotnmadation. {a} Contents of Reasonable Accommodation Request Form: 1. Name of ~-pplicant, 2. Telephone Number, 3. Address of atmlicani re~ to provide documentation to substantiate ~ that are ~ove~ned by this section 4. Address of hauling or other location at which accammadat~-n is x~~uested, {unless t~ou areare ~v~ned by 42 U.S.C. ~40dd, ' which case 5, b. 7. 8. 9. 10, 11, Descnbe ~~ disability or handicap, Descnbe the accamrrr~datian and the sl~~ific ry~;ulatian{s) andJar pnx~edure{s) from which accomrnadation is sought, Reasons the reasonable accomrr~crdatian may be r~ecessaxy far the individual with disabilities to use and errtjoy the hauling or other service, Name, address and telephone rnunber of representative, if applicable, Other relevant information pert~~zing to the disability ar property, Signature of Disabled Individual ar Representative, if applicable, ar Qualif;,ring Entity, Date of Application. section 2. That should any section ar provision of this ar~~inance or arty portion tl~*af, any paragraph, sentence, clause ar ward be declared by a court of competent jtuisdiction to be invalid, such 4 ORD. NO, 05-10 decision shall not affect the validity of the rernaiir~der hereof as a whole or part hereof other than the part declared invalid Section 3, That all ordinances or parts of orclrrtances in conflict herewith be, and the same are hereby ~~ Seon 4. That this orcfa:3ance shall become effective upon its passage on second and final n~~ding. Pt~SSEI7 ANL} ADOPTED in x~~gular session on second and final ~r:ading on this the day of 2010. ATTEST: City Qerk First Reeding Second Reading MAYOR ~ ORD. Ivfl. 05-10 Page 1 of l ME~QRANL~L~M TO: Mayor and City Commissioners FROM: 14ZARK MCDOI~iI+lELL, AICP, ASST. DIR. FLAIti~iNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLAItiI]tiIING AND ZONING THROUGH: CITY MANAGER DATE: December 29, 2009 SUBJECT: AGENDA ITEM 12,C - REGULAR CflM1VTISSION MEETING OF JANUARY 5, 2010 ORDINANCE NO.OS-10 ITEM BEFORE COMMISSION Consideration of achy-initiated amendment to Land Development Regulations (LDRs) that will provide an exception to the property address requirement on the "Request Form for Reasonable Accommodation." BACKGROUND The applicant's address is requested on the current Reasonable Accommodation Request Form. This amendment provides an exception to this requirement if an applicant is governed by 42 U.S.C. §290.d.d. This section (42 U.S.C. § 290.d.d.) deals with confidentiality of personally identifying health information, If this exception is requested, the applicant will be required to provide documentation to substantiate the claim that helshe is governed by this section, REVIEW BY OTHERS The Planning and Zoning Board considered the amendment at their regular meeting on December 2l, 2009 and recommended approval on a vote of 6 - 0. RECOMMENDATION By motion, approve on first reading Ordinance No. OS-l0 the city-initiated amendment to the Land Development Regulations, 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 faith in Section 2.4.5(M) of the Land Development Regulations. http:/Imiweb001/AgendasJBluesheet.aspx?ItemID-2908&MeetinglD=22$ 111112010 ~, `PLANNING AND ZONING BOARD ;STAFF REPORT MEEi'ING DATE: DEGEMBER 21, 2009 AGENDA NO: IV.E. AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS {LDR}, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS" OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 2.4.7{G}, "REQUESTS FOR REASONABLE AGCOMMt}DATION" OARD z ." ~~: _, .~. ~, ITEM";:BEFORE THE~B - The item before the Board is to make a recommendation to the City Cammission regarding acity- initiated amendment to the Land ©evelopment Regulations {LDRs) that will provide clarification with respect to current information requested on the "Request Farm for Reasonable Accommodation." Pursuant to Section 1.1.6, an amendment to the tuck of the band Qevelopment Regulations may not be made until a recommendatian is obtained from the Planning and Zoning Board. -~~ ` BACKGRC'?~1NDtANALYSIS , " The applicant's address is requested on the current Reasonable Accommodation Request Form. This amendment provides an exception to this requirement if an applicant is governed by 42 U.S.C. §290.d.d. This section {42 U.S.C. § 29CI.d.d.} deals with confidentiality of personally identifying health information. If this exception is requested, the applicant will be required to provide documentation to substantiate the claim that helshe is governed by this section. `'REQUIFtED~FINDING:S ` - Comprehensive Plan Conformance LDR Section 2.4.5{M){5} {Findings} requires that the City Cammission make a finding that the text amendment is consistent with and furkhers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the Comprehensive Plan was performed, and while there are no specific Goals, Objectives or Policies that are relevant, it is noted that the proposed amendment is not inconsistent with them. REVi~kBY OTHERS Courtesy Nofices A courtesy notice was provided to the Neighborhood Advisory Council. Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. Planning and Zoning Board Meeting, December 21, 20Q9 LDR Amendment -Reasonable Accommodation . ALTER~A~'tVE_ACTION5, ; ~_ A. Continue with direction. . B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 2.4.7(G}, "Requests for Reasonable Accommodation", by adapting 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}. C. Move a recommendation of denial to the City Commission of the amendment to Land by Development Regulations, Section 2.4.7{G}, "Requests for Reasonable Accommodation", adapting the findings of fact and iaw 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 faith in LDR Section 2.4.5(M} {motion fo be made in the affrm7ative). ... _ ~ ~ ~~ REC±UMMENDEDt .ACTION Recommend approval of the amendment to Land Development Regulations, Section 2.4.7(G}, "Requests for Reasonable Accommodation", by adopting 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). Attachment: Proposed ordinance 2 Planning and Zoning Board Meeting, December 21, 2009 LDR Amendment -Reasonable Accommodation ORDITZ~~IVCE NO.05-10 AN ORDINANCE OF T'I-~ QTY COItirMSSION OF TIC QTY OF DELRAY BEACH FLORIDA, p-MENDING CI*[~~'T;ER TWO, "ADMINISTRATIVE PROVISIONS", OF THE LAND DEVELOPMENT REGULATIONS OF THE QTY OF DELRAY BEACH BY 1~-1VIENDING SECTION 2.4,7(G), "REQUESTS FOR REASONABLE ACC01~9MC)DAT'ION", IN ORDER TO Ad1~ND THE REQUEST FOIZIVI FOR REASONABLE ACC014IIVIODATION FROM THE LAND DEVELOPMENT REGULATIONS; PROVIDING A SAVING CZAL;~SE, A GENERAL REPEALER CI~.AirSE, fi~lD AN EFFECTIVE DATE. V'~REAS, puusuant to LDR Section 1.1.6, the Planning and Zonirfg Board reviev-~d the proposed text amendment at a public hea~~ing held on and voted to to recommend that the clh~~nges be approved; and V'VI~REAS, pursuant to Florida Statute 163.3174{4)(c), the P~ and Zoning Boasrl, suing as the Local Plartnulg .A-gletzcy, has determined that the ~ is conistent with and figs the goa]s, objectives and palicie5 of the Compzr'hensive Plan; and NOW THEREFORE, BE IT ORDAIl~IED BY THE QTY COMMIISSION OF THE QTY OF DELRAY BEACH FLORIDAAS FOLLOWS: ~~n 1. T'lnat Section 2.4.7(G), "It~ts for R~,sonable Accomrr~dation", shall be amended to read as follows: (G) Requests for Accommodation. (1) Purpose. The p~upose of this section is to implenxnt a proce+~u~e for proce`~~ng requests for reasonable aceon~unadation to the City's Cade of Ordinances, Land 1;-evelopt Re;~a]aEions, Rules, Policies, and Procedures for persons ~n~th disabilities as provided by the federal Fair Housing Arx~eruin~ Act (42 U,S.C. 3601, et. seq) ("`FHA") and Title II of the ~sreacicans with L-isabilities Act {42 U.S.C: Section 12131, et. seq) {"ADA"). Far p"utpases of this section, a "disabled' person is an individual Shat q~~lifies as cbsabled andJor handicapped under the FHA and/or ADA Anypetson who is disabled {or q~z~lifying entities) may rcgraest a reasonable acconunarlation with r~~pect to the Cites Land Development R~'gulations, Code of (h~linances, rules, policies, practices andJor procedures as provided by the FHA and the ADA pursuant to the procedtmes set out in this section (2} Notice to the Public of Availability of Accommodation. The Gty shall. display a notice in the Cites public notice bulletin board (and shall maintain copies available for review in the Planning and Zoning Deparhrent, the Buiklitig Dejpartrr~ent, and the City ClerKs Office), advisting the public disabled 3 Planning and Zoning Board Meeting, December 21, 2409 LDR Amendment -Reasonable Accommodation indivictuais {and qualif;,~ing entities) may request a reasonable accamzrx~datian as provided herein (3) Application, A r£~ by an Applicant far reasonable aceon~unodation touter thin section shall be either oral or written. A written xrt maybe submitted by completion of a reasonable accommodation x~eque,st form, wi"tich form is mantained by (and shall be submitted to) the L?epartY~rut of Plc~raning and 2~crning {"P&Z"). The reasonable accamnuodation form shall contain such questions and ~~ for information as are necessary for processing the reasonable accommodation request. The reasonable accommodation request form shall be substantially in the form set forth in Subsection 2.4.70) (8), below {a) Confidential Information, Should the inforniatian provided by the disabled individual to the City include medical infonxLation or records, including records indicating the medical condition. diagnosis or medical history of the disabled individual, such individual may, at the time of submitting s1~ch rr~dical information, request that the City, to the extent allowed by law, treat such medical information as confic~ut3al information of the disabled individuual. T'he City shall theare.after endeavor to provide written notice to the disabled individual, andJor tlueir representative, of any r~~~est received by flue City for cbsclosure of flue medical information or documentation which the c~sabled individual has previously recrirested be treated as confick~tial by the City. The City v~rill. cooperate with the disabled individual, to the extent allo~d bylaw, in actions initiated by strh individual tc> oppose the disclc-sune of such medical infoxxnation or dactm~entation, but the City shall leave rw obligation to initiate, F:ute or pursue any such action, or tta incur any ar other expenses {whether by reterutian of outside counsel. or allocation of internal resources) in connection therewith, and may comply with any judicial order without prior notice to the disabled individual. (h) Fee. There shall be ~ fee imposed by the City in connection with a request for reasonable accamrxx~dation under this section ar an appeal of a determination an such rf~q~aest to the City Council, and the City shall have no obligdfion to pay a mgtaesting party~s {or an appealing pariy~s, as applicable} attorneys fees ar casts in connection with the request, or an appeal. {c} City Assistance. The City shall provide such assistance and acconvnotlation as is required pursue to FHA and ADA in rnnnectian with a disabled person`s n:ques~t for reasonable accamrrbdatian, including, without 4 Planning and Zoning Board Meeting, ~eeember 2"i, 20t)9 LDR Amendment -Reasonable Accommodation limitation, assistance with zr~~ling application questions, responding to gtaestioi~, camplerEing the foim, filing an appeal, and app~ring at a heaxirtg, etc., to ensure the pir~cess is accessibl,~ (4) Findings for Reasonable Accommodation. In deterrnaning whether.' the reasonable accamirtadation rt~iiaest sltiall be granted ar denied, the requesting party shall be n~.tired to establish that trtey are prote+: red w~tclear the FHA andJor ADA by dernar~strating that they are handicapped ar disabled, as defined in the FHA andlor AI?A Although the definition of disability is subject to judicial inttxpretatian, far purfx~ses of this ordinance the disabled individu~~. must show {i) a physical or mental impairment which substantially ]units one ar mare major life activities; (ii) a record of having such irstpaimtent; or (iii) that they are regarded as having stash impairtr~ent. Neack, the requesting perky will have to demonstrate that the propped accammadatians being sought are reasonable and necessary tca afford haYUlicappedJdisabled pexsans e+~ual appoatxanity to use and ergot' hau;ing The foregoing (as intt~rpreked by the Catanrta) shall be the basis for a decision upon a reasonable accoirnnadation reque.,~k made by the City I4'lariager, ar his~her designee, ar by the City Cammi~s~sion in the event of an a]E {5) Notice of Proposed Decision. The City Managex, ar lus/rtpx desigc~e, shall have the atatlwrity to comer and act an requests far reasonable accommodation, after notice and public h,ea~ang t4 receive comments, input and infam:tation from the public (provided, however, the City Manager, or liisJher designee, shall not be required to rexuler their deasion at said public he,aririg~, When a reasonable accommodation request form has been completed and Witted to the Plcni~ing and Zoning Def~trrent, it will be refeis+ed to the City 14ianager, ar lusJlier designee, far review and consideration The City 11r~~ager, ar hisJYter desig~e, shall issue a written determination within fort five {45) days of the date of rtceq~t of a completed application and may, in aecorelcnce with federal. law, {1) grant the aceammodatian request, {2) gram a portiart of the rE~~aest and deny a portion of the regtaest, and~or irnpase conditions upon the grant of the request, or (3) deny the reques~k, in accor{3arice with federal law: Any stash denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the right to apppeal. The notice of determination shall be sent to the regtesting party (ie. the disabled individual ar hisJher rept~eritative) by certified mail, retun~t .receipt r,ted. If reasonably necessary to rt~ach a dekemvnatian an the request for reasor~ble accaxrnxxxlatian, the City Manager, or hisllter designee, may, prior to the end of said fart five {45) day period, request additional information from the requesting party, specifying in sufficient detail what infom~ation is required. The req~ting party shall have fifteen (15) days after the date of the rt}gtaest for additional infom~ation to provide the regtaested information In the event a regtaest far ack3itional infomcation is rnar.~e, the fart five {45) dayperiad to issue a written detE~mination shall rw longer be applicable, and the City ZL'l~trLager, or His/her desigc~e, shall isstaie a written detet~rnirtation within tl~rrky {30) days after receipt of the additional infon:natian If the requesting party fails to provide the 5 Planning and Zoning Board Meeting, December 21, 2009 LDR Amendment - Reasonable Accammadatian requested additional inforir>ation within said fifte~i (15) day period, the City 141anager, or hisJher designee, shall issue and written notice ,advising that the party had failed to timely submit the additional inforn~ation and therefore the rE~~est for reasonable accornaxuuxxlatian shall. be cleeanFxi abandonec~.andJor withdrawn and na ftuther action by the City with nod. to said reasonable accommodation request shall be required (b) Appeal. tNthirt thirty (30) days after the City 11~~nagc:=.t's, or lliiss/her designee's, deteimraatian on a reasonable accomorraodation regtaest is mailed to the re~~ ~~ ~ applicant may acppeat the decsion. All al~>eals shall. contain a statement containing sufficient detail of the grouruis far the alE ~?-~~~eals slhall be to the City Camazvssian who slc7a11, after public notice and a public hearing res~c a determination as soon as reasonably practicable, but in no event later than sixty (~} ~ after an appeal .has been fi1~ed {7) Stay of Enforcement. V~lhile an application far reasonable accommodation, or appeal of a deternraination of same, is pencling before the City, the City will not enforce the subject zoning orci'~raance, Hales, polices, and procedures al ftinst the Applicant. ($) Request Form for Reasonable Accommodation, {a) Contents of Reasonable Accammadatian Request Farm: 1. Name of A~~icant, 2. Tel~ne Number, 3. Addax, (wciless-done Qavearne~d by_42 U.S.C. ~2290dd, in claim that you are~yd by tt~u~.~.i~n,~ 4. Ar.~~ess of housing or other location at which accommcx~tian is ~~'~ 5. Describe c~aa~ifi;~ng disability or handicap, b. Describe the accoma~ntxlation and the specific x~~gulation(s) andJor pracedtu~e{s) from which accomnxxlatian is sought, 7. Reascros the reasonable accommodation may be necessary for the individual with disabilities to use and ergot' the housing ar other service, 8. Name, adcir.~ss and t~le~hane number of repa^esentativ+e, if applicable, 9. CJther rnlevant infarn~ation pertauvng to the csability ar PmP~Yf 10. Signature of Disabled Individual or Representative, if applicable, or ~ha~~ifying Entity, 11. Date of Application. Section 2. That should any section or provision of this ordinance or any portion th~ereaf, any paragaaph, sentence, clause or wDrd be declar.~ed by a court of competent jurisdiction to be invalid, 6 Planning and Zoning Board Meeting, December 21, 2QQ9 LDR Amendment -Reasonable Accommodation such decision shall not affect the va}idity of the rf~ainder hex~of as a whore or Bart hereof other than the part c3e~~red ink Se~ti'c n 3. That ail ordinances or parts of ordina~cesvn conflict herewith be, and the same are herehyrepealed Section 4. That this ordinance shall became effective upon its passage on second and final rE~ PASSED .AND ADOPTEL? in x+~;~;ular session on second and final ri~~dirEg on this the day of 2Q09. ATTEST: MAYOR CityC~erk First Re~~ig_ Second R+~~ling 7