Ord 34-10ORDINANCE NO. 34-10
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 2.4.7, "PROCEDURES FOR
OBTAINING RELIEF FROM COMPLIANCE WITH PORTIONS OF
LAND DEVELOPMENT REGULATIONS", BY AMENDING
SUBSECTION (G), "REQUESTS FOR ACCOMMODATION", SUB-
SUBSECTION (5), "NOTICE OF PROPOSED DECISION", TO
CLARIFY THE PROCEDURE REGARDING REASONABLE
ACCOMMODATION REQUESTS; 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 September 20, 2010 and voted 7 to 0 to recommend that the
changes be approved; and
WHEREAS, pursuant to Florida Statute 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 1. That the recitations set forth above are incorporated herein.
Section 2. That Article 2.4, "General Administration Procedures", Section 2.4.7, "Procedures for
Obtaining Relief from Compliance with Portions of the Land Development Regulations", Subsection (G),
"Requests for Accommodation", Sub-Subsection (5), "Notice of Proposed Decision", of the Land
Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
(5) Notice of Proposed Decision. The City Manager, or his/her designee, shall have the
authority to consider and act on requests for reasonable accommodation,
> >
When 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/her designee, for review and ~
consideration. The City Manager, or his/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) grant the accommodation request, (2) grant a portion of the request and deny a portion of the '
request, and/or 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 determination on the request for reasonable ~
accommodation, the City Manager, or his/her 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 parry shall have fifteen (15) days after the date of the request
for 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 no longer be
applicable, and the City Manager, or his/her designee, shall issue a written determination within thirty '
(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/her
designee, shall issue atx~ written notice advising that the requesting party had failed to timely submit the
additional information and therefore the request for reasonable accommodation shall be deemed
abandoned and/or withdrawn and no further action by the City with regard to said reasonable
accommodation request shall be required.
Section 2. 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 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 immediately upon its passage on
second and final reading.
2 ORD. NO. 34-10
PASSED AND ADOPTED in regular session on seco and final reading n this the 19`h day
of October, 2010.
Seel
AT'I'ES MAYO R
~~~~ . ~~~
City Clerk
First Readin \~ ~ ~~
Second Readin ~~ ~~ 0~~~0
3 ORD. NO. 34-10
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: October 13, 2010
Page 1 of 1
SUBJECT: AGENDA ITEM 10 D -REGULAR COMMISSION MEETING OF OCTOBER 19.2010
ORDINANCE NO. 34-10
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider a city initiated amendment to the
Land Development Regulations (LDR) Section 2.4.7(G), "Requests for Accommodation" procedures.
BACKGROUND
At the first reading on October 5, 2010, the Commission passed Ordinance No. 34-10.
RECOMMENDATION
Recommend approval of Ordinance No. 34-10 on second and final reading.
http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=3919&MeetingID=274
10/22/2010
ORDINANCE NO.34-10
AN ORDINANCE OF THE QTY COMNIISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE QTY OF DELRAY
BEACH, BY AMENDING SECTION 2.4.7, "PROCEDURES FOR
OBTAINING RELIEF FROM CONIl'LdANCE WITH PORTIONS OF
LAND DEVELOPMENT REGULATIONS", BY AMENDING
SUBSECTION (G), "REQUESTS FOR ACCOMMODATION", SUB-
SUBSECTION (5), "NOTICE OF PROPOSED DEQSION", TO
CLARIFY THE PROCEDURE REGARDING REASONABLE
ACCOMMODATION REQUESTS; 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 amendrrient at a public hearing held on September 20, 2010 and voted 7 to 0 to recommend that the
changes be approved; and
WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the
Local Planning Agency, has determined that the cl~lge is consistent with and furthers the goals, objectives and
policies of the Comprel~tisive Plan; and
WHEREAS, the City Corrunission 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 QTY COMMISSION OF THE QTY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein
Section 2. That Article 2.4, "General Administration Procedures", Section 2.4.7, "Procedures for
Obtaining Relief from Compliance with Portions of the Land Development Regulations", Subsection (G),
"Requests for Accomrrodation', Sub-Subsection (5), "Notice of Proposed Decision", of the Land
Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as
follows:
(5) Notice of Proposed Decision. The City Manag~x', or his/her designee, shall have the
authority to consider and act on requests for reasonable accomrnodation~
When 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/her designee, for review and
consideration The City Manager, or his/her designee, shall issue a written determination within fort
five (45) days of the date of receipt of a completed application and may, in accordance with federal law,
(1) grant the accommodation request, (2) grant a portion of the request and deny a portion of the
request, and/or 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
detennirmations 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 deterrunation on the request for reasonable
accommmodation, the City Manager, or his/her designee, may, prior to the end of said fort}~five (45) day
period, inquest additional information from the requesting party, specifying in sufficient detail what
information is regLrired. The requesting party shall have fifteen (15) days after the date of the request
for additional infommation to provide the requested infommation In the event a request for additional
information is made, the forty-five (45) day period to issue a written detemmination shall rmo longer be
applicable, and the City Manager, or his/her designee, shall issue a written determination within thirty
(30) days after receipt of the additional infommation If the requesting party fails to provide the
requested additional infommation within said fifteen (15) day period, the City Manager, or his/her
designee, shall issue ate written notice advising that the requestirg party had failed to timely submit the
additional infommation and therefore the request for reasonable accommodation shall be deemed
abandoned and/or withdrawn and no further action by the City with ~d to said reasonable
accommodation inquest shall be regrrired.
Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same
are hereby repealed
'on 4. That this ordinance shall become effective immediately upon its passage on
second and final readirm~
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2010.
ATTEST
City Clerk
First Reading,
Second
MAYOR
2 ORD. NO.34-10
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Mark McDonnell, AICP, Assistant Director Planning and Zoning
Paul Dorling, AICP, Director Planning and Zoning
THROUGH: City Manager
DATE: September 29, 2010
Page 1 of 1
SUBJECT: AGENDA ITEM 12 A -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010
ORDINANCE N0.34-10
ITEM BEFORE COMMISSION
Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will
clarify the procedure regarding reasonable accommodation requests.
BACKGROUND
Current language in the Land Development Regulations requires notice and a public hearing to receive
cotrunents, input and information from the public regarding requests for reasonable accommodation
before such requests are considered and acted upon. The intent of the Reasonable Accommodation
process is to not impose an inordinate burden on persons with disabilities and, to comport with that
intent, this notice and public hearing requirement should not be imposed. This amendment removes the
requirement for notice and public hearing.
REVIEW BY OTHERS
The Planning and Zoning Board voted 7 - 0 recommending approval at their September 20, 2010
meeting.
RECOMMENDATION
By motion, approve on first reading Ordinance No. 34-10 for acity-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 forth in
Section 2.4.5(M) of the Land Development Regulations.
http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=3832&MeetingID=272 10/7/2010
MEETING DATE: SEPTEMBER 20, 2010
AGENDA NO: V.B.
AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 2.4.7,
"PROCEDURES FOR OBTAINING RELIEF FROM COMPLIANCE WITH
PORTIONS OF LAND DEVELOPMENT REGULATIONS", BY AMENDING
SUBSECTION (G), "REQUESTS FOR ACCOMMODATION", SUB-
SUBSECTION (5), "NOTICE OF PROPOSED DECISION", TO CLARIFY
THE PROCEDURE REGARDING REASONABLE ACCOMMODATION
REQUESTS.
ITEM BEFORE THE BOARD
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 clarify the procedure
regarding reasonable accommodation requests.
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.
BACKGROUND/ANALYSIS
Current language in the Land Development Regulations first require notice and a public hearing to
receive comments, input and information from the public regarding requests for reasonable
accommodations before such requests are considered and acted upon. The intent of the
Reasonable Accommodation process is to not impose an inordinate burden on persons with
disabilities and to comport with that intent this requirement should not be imposed. This
amendment removes the requirement for the notice and public hearing.
REQUIRED FINDINGS
Comprehensive 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 while
there are no specific goals, objectives, and policies to which this amendment would be applicable,
the amendment is not inconsistent with the Comprehensive Plan.
REVIEW BY OTHERS
Courtesy Notices
Courtesy notices were provided to the following homeowner and civic associations:
^ Neighborhood Advisory Council
^ Progressive Residents of Delray (PROD)
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
ASSESSMENT AND CONCLUSION
The proposed amendment will provide a more equitable Reasonable Accommodation Request
process.
ALTERNATIVE ACTIONS
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, "Procedures For Obtaining Relief From
Compliance With Portions Of Land Development Regulations", By Amending
Subsection (G), "Requests For Accommodation", Sub-Subsection (5), "Notice Of
Proposed Decision", To Clarify The Procedure Regarding 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)
C. Move a recommendation of denial to the City Commission of the amendment to Land
Development Regulations, Section 2.4.7, "Procedures For Obtaining Relief From
Compliance With Portions Of Land Development Regulations", By Amending
Subsection (G), "Requests For Accommodation", Sub-Subsection (5), "Notice Of
Proposed Decision", To Clarify The Procedure Regarding 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 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 affirmative).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Development Regulations, Section 2.4.7,
"Procedures For Obtaining Relief From Compliance With Portions Of Land Development
Regulations", By Amending Subsection (G), "Requests For Accommodation", Sub-
Subsection (5), "Notice Of Proposed Decision", To Clarify The Procedure Regarding
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