Res 27-09ORDINANCE NO. 27 -09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
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, 2009 and voted 5 to 0 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, 2009, 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 0; 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 2000 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 Jffrey
O. v. City of Boca Raton, 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 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:
"Family" shall mean two Q or more persons living together and interrelated by bonds of
consanguinity, marriage or legal adoption, and /or a group of persons not more than three (,3T
number who are not so interrelated, occupying the whole or part of a dwelling as a separate
housekeeping unit with a single set of culinary facilities Any person 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 agency licensed by the Department or who is otherwise considered to be a foster child
under the laws of the state, and who is placed in foster care with a family, shall be deemed to be related
to and a member of the family_ for the purposes of this definition. Occupancies in excess of the
number allowed herein shall have twelve (12) months from the date of the enactment of this definition
or the termination of the current lease agreement to come into compliance whichever occurs first.
Anyone who has applied for or received a reasonable accommodation from this definition prior to June
16, 2009 shall be allowed to proceed under the definition in existence on Tune 16, 2009 with the total
number granted under the reasonable accommodation without having to re -file an application for 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 or 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 become effective immediately upon its passage on second and
final reading.
ORD. NO. 27 -09
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"Family" shall mean two Q or more persons living together and interrelated by bonds of
consanguinity, marriage or legal adoption, and /or a group of persons not more than three (,3T
number who are not so interrelated, occupying the whole or part of a dwelling as a separate
housekeeping unit with a single set of culinary facilities Any person 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 agency licensed by the Department or who is otherwise considered to be a foster child
under the laws of the state, and who is placed in foster care with a family, shall be deemed to be related
to and a member of the family_ for the purposes of this definition. Occupancies in excess of the
number allowed herein shall have twelve (12) months from the date of the enactment of this definition
or the termination of the current lease agreement to come into compliance whichever occurs first.
Anyone who has applied for or received a reasonable accommodation from this definition prior to June
16, 2009 shall be allowed to proceed under the definition in existence on Tune 16, 2009 with the total
number granted under the reasonable accommodation without having to re -file an application for 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 or 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 become effective immediately upon its passage on second and
final reading.
ORD. NO. 27 -09
PASSED AND ADOPTED in regular session on second an al readin e_ day of
52009. 7m
�LSdry
ATTEST MAYOR
City Clerk
First Readin
Second Reading
Page 1 of 1
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: June 23, 2009
SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF JULY 7, 2009
ORDINANCE NO. 27-09 (SECOND READING /SECOND PUBLIC HEARING)
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading and second public hearing to consider a city -
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 No. 27 -09 on second and final reading.
http:// www.mydelraybeach.com/AgendasIB luesheet.aspx ?ItemID= 2324 &MeetingID =211 7/6/2009
Page 1 of 2
MEMORANDUM
TO: Mayor and City Commissioners
FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING
MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING
THROUGH: CITY MANAGER
DATE: May 28, 2009
SUBJECT: AGENDA ITEM 10.F. - REGULAR COMMISSION MEETING OF JUNE 2, 2009
ORDINANCE NO 27 -09 (FIRST READINGIFIRST PUBLIC HEARING)
ITEM BEFORE COMMISSION
Consideration of a city- initiated amendment to the Land Development Regulations (LDRs) that will
provide an updated definition of the term "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.
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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, 2009. 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.
RECOMMENDATION
By motion, recommend approval on first reading Ordinance No. 27 -09 for a 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
forth in Section 2.4.5(M) of the Land Development Regulations.
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PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: MAY 18, 2009
AGENDA NO: V.B.
AGENDA ITEM: CONSIDERATION OF A CITY- INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDR), AMENDING APPENDIX "A",
"DEFINITIONS ", TO REVISE THE DEFINITION OF FAMILY.
ITEM BEFORE THE BOARD
The item before the Board is to make a recommendation to the City Commission regarding a city -
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.
BACKGROUND /ANALYSIS
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 two or more persons living together interrelated by
bonds of consanguinity, marriage, legal acloption, 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
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 although 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
Courtesy 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 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, 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
affirmative).
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 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
LDR - Family definition- PZB- 5 -18 -09
2
ORDINANCE NO. 27-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
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, 2009 and voted 5 to 0 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, 2009, 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 0; and
WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the
Planning and Zoning Staff Report; and
WEE RE AS, the City Commission of the City of Delray Beach finds the ordinance is consistent
with the Comprehensive Plan; and
Wl IE RE AS, 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 2000 provides that the
average family size is 2.87 people; and
WEE RE AS, the United States District Court for the Southern District of Florida, held in Jeffrey
O. a City of Bom Raton 511 F.Supp. 2d 1339 (S.D.FIa. 2007), that there is "nothing wrong with the
number three that the City has chosen."
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 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:
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' shall mean two (2) or more persons living together and interrelated by bonds of
consan amity, marria e or legal adopfior�, and /or a pup of pmQns not more than three Q) in
number who are not so interrelated, occup, J% the whole or part of a dwelling as a separate
houselceepin unit with a sine set of cWbary facilities Any person under the age of 18 whose
legal custody has been awarded to the State Department of Health and Rehabilitative Services or to a
child- ing gpmcy licensed by the Department, or who is otherwise considered to be a foster child
undei the "-of the state, and who is placed in foster care with a family, shall be deemed to be related
to and a member of the f
gnily for the purposes of this definition. Occu arucies in excess of the
number allowed herein shall have twelve (12) months from the date of the enactment of this definition
or the termination of the current lease aeemerut to come into compliance, whichever occurs fast.
Anyone who has applied for or received a reasonable accommodation from this definition prior to June-
16,2009
shall be allowed to proceed under the definition in existence on Tune 16, 2009 with the total
Section I 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 j urisdiction 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 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed
Section 5. That this ordinance shall become effective inn ediately upon its passage on second and
final reading.
ORD. NO. 27-09
PASSED AND ADOPTED in regular session on second and final reading on this the day of
.2009.
ATTEST
City Clerk
First Reading
Second Reading
MAYOR
ORD. NO. 27-09
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