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Ord 04-12MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:February 10, 2012 SUBJECT:AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF FEBRUARY 21, 2012 ORDINANCE NO. 04 -12 ITEM BEFORE COMMISSION This ordinance is before Commission for a public hear ing to consider a city-i nitiated amendment to the Land Development Regulations (LDR), by ame nding Section 2.4.7(G), “Requests for Accommodation”; Subsections (1), “Purpose”, and (8), “Request Form for Reasonable Accommodation”, in order to remove obsolete refe rences, in order to update same; enacting a new Subsection 2.4.7(G)(9), “Expiration of Approvals” to provide an expiration date for untimely implementation of approvals. BACKGROUND At the first reading on February 7, 2012, the Commission passed Ordinance No. 04-12. RECOMMENDATION Recommend approval of Ordinance No. 04 -12 on second and final reading. Page 1of 1 Coversheet 2/23/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=5363&Meetin g ID=345 Revised Information for Item 12.A. ORDINANCE NO. 04-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING SECTION 2.4.7(G), “REQUESTS FOR ACCOMMODATION”; SUBSECTIONS (1), “PURPOSE”, AND (8), “REQUEST FORM FOR REASONAB LE ACCOMMODATION”, IN ORDER TO REMOVE OBSOLETE REFERENCES, IN ORDER TO UPDATE SAME; ENACTING A NEW SUBSECTION 2.4.7(G)(9), “ EXPIRATION OF APPROVA LS” TO PROVIDE AN EXPIRATION DATE FOR UNTIMELY IMPLEMENTATION OF APPROVALS ; 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 January 23, 2012, 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 consi stent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach ado pts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach fi nds 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 Section 2.4.7(G), “Requests for Accommodation”, Subsections (1), “Purpose”, and (8), “Request Form for Reasonable Accommodation”, of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, shall hereby be a mended to read as follows: (G) Requests for Accommodation: (1) Purpose. The purpose of this section is to implement a pro cedure for processing requests for reasonable accommodation to the City’s Code of Ordinances, Land Development 2 ORD. NO. 04-12 Regulations, Rules, Policies, and Procedures for pe rsons with disabilities as provided by the federal Fair Housing Amendments Act (42 U.S.C. 3601, et. seq.) (“FHA A”) and Title II of the Americans with Disabilities Amendments Act (42 U.S.C. Section 12131, et. seq.) (“ADA A”). For purposes of this section, a “disabled” person is an individual that qualifies as disabled and/or handicapped under the FHA and/or ADA. Any person who is disabled (or qual ifying entities) may request a reasonable accommodation with respect to the City’s Land Development R egulations, Code of Ordinances, rules, policies, practices and/or procedures as provided b y the FHAA and the ADA A pursuant to the procedures set out in this section. (8) Request Form for Reasonable Accommodation. (a) Contents of Reasonable Accommodation Request Form: 1. Name of Applicant , and contact information of the applicant; 2. Telephone Number, Information regarding property at which reasonable accommodation is requested, including th e address of such location; 3. Address of applicant, (unless you are governed by 42 U.S.C. §290d.d., in which case you are not required to provide an address but you may be requested to provide documentation to substantia te your claim that you are governed by this section), Describe the accommodation and the specific regulation(s) and/or procedure(s) from which accommodation is sought; 4. Address of housing or other location at which ac commodation is requested,unless you are governed by 42 U.S.C. §290d.d., in w hich case you are not required to provide an address but you may be requested to provide documentation to subst antiate your claim that you are governed by this section), Reasons the accommodation may be necessary for the Applicant or the individuals with disabilities seeking the specific accommodation, and if relating to hous ing, why the requested reasonable accommodation is necessary to use and enjoy the housing; 5. Describe qualifying disability or handicap,; 6. Describe the accommodation and the specific regulat ion(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 h ousing or other service, 8. Name, address and telephone number of representative, if ap plicable, 9. 6. Other relevant information pertaining to the disab ility or property that may be needed by the City in order for it to be abl e to evaluate the request for reasonable accommodation; 3 ORD. NO. 04-12 10. 7. Signature of applicant; Disabled Individual or Representative, if applicable, or Qualifying Entity, 11. 8. Date of A a pplication; Section 3. That Section 2.4.7(G), “Requests for Accommodation”, Subsection (9), “E xpiration of Approvals”, of the Land Development Regulations of the City of De lray Beach shall hereby be enacted to read as follows: (9) Expiration of Approvals. Approvals of requests for reasonable accommodation shall expire within one hundred eighty (180) days if not implemented. Section 4. That should any section or provision of this ordinance or any portion t hereof, 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 whol e or part thereof other than the part declared to be invalid. Section 5 . That all ordinances or parts of ordinances in conflict herewith be , and the same are hereby repealed. Section 6 . That this ordinance shall become effective immediately upon it s passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. ____________________________________ ATTEST M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________ MEMORANDUM TO:Mayor and City Commissioners FROM:PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH:CITY MANAGER DATE:February 1, 2012 SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF FEBRUARY 7, 2012 ORDINANCE NO. 04 -12 ITEM BEFORE COMMISSION Approval of a city-initiated amendment to the Land Development Regulations (LDRs ) that will provide clarification with respect to current information requested on the “Request Form for Reasonable Accommodation.” BACKGROUND This amendment identifies additional information that is to be provided with a reasonable accommodation request. This information is nece ssary to appropriately consider reasonable accommodation requests. A copy of the resulti ng modified Request Form is attached. REVIEW BY OTHERS The Planning and Zoning Board recommended approval at their January 23, 2012 meeting on a 7-0 vote. RECOMMENDATION By motion, approve Ordinance No. 04-12 on first reading for a city-initiated amendment to the Land Development Regulations Section 2.4.7(G) “Requests for Reasonable Accommodation”, b y adopting the findings of fact and law contained in the sta ff 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. Page 1of 1 Coversheet 2/10/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=5335&Meetin g ID=343 City of Delray Beach Pla nning and Zoning Department Application Form to Request a Reasonable Accommodation A reasonable accommodation is any modificati on of a zoning rule, policy, or practice if that modification is reasonably necessary in order to give a person with disabilities an equal opportunity to use and enjoy a dwelling in the City of Delray Beach. It is the policy of the City of Delray Beach Planni ng and Zoning Department, pursuant to State and federal law, to provide individuals w ith disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for i ndividuals with disabilities. If you believe that you need a reasonable acco mmodation to live in a dwelling, or so that persons with disabilities may live in a dwelling that you own or operate, please complete this application form and return it to th e City of Delray Beach Planning and Zoning Department at 100 NW 1st Avenue, Delray Beach, FL 33444. Please attach additional pages if necessary. If you have questions or need assistance, please contact the City of Delray Beach Planning and Zoning Department. Name and Contact Information of the Applicant : Name: ______________________________________________ Address: ______________________________________________ ______________________________________________ ______________________________________________ Telephone: ______________________________________________ Alternative Telephone: __________________________________ Location Where Reasonable Accommodation is Requested: Address: ______________________________________________ ______________________________________________ Is Applicant the owner of the property at which R easonable Accommodation is requested? Yes □ No □ If “No”, provide the name and contact info rmation of the owner of the property at which Reasonable Accommodation is requested: Name: ______________________________________________ Address: ______________________________________________ ______________________________________________ ______________________________________________ Telephone: ______________________________________________ Is the dwelling licensed or certified by the State of Florida? If so, please provide the type of license or certificate, th e number, and attach a copy of it: ______________________________________________ Are the people who will live at the dwelling persons with disabilities? ___ Yes. ___ No. If you answered Yes, you must submit the Verification of Disability Status form below. Yes □ No □ If “No”, provide the name and contact in formation of the individual(s) for whom Reasonable Accommodation is requested: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Please describe the accommodation you need . What rules or policies would you like the City of Delray Beach Planning and Zoni ng Department to waive for the dwelling (please provide the specific regulation)? ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Why do you need the accommodation? In other words, why is the requested accommodation necessary in order for pers ons with disabiliti es to live in the dwelling: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Please provide the following information if you are requesting an accommodation in order to house more than 3 unrelated people in a single-family dwelling: Number of residents that will live in the dwelling: ________________ Number of staff who will serve the dwelling: ________________ Anticipated number of vehicles used by residents and staff: __________ Number of off-street park ing spaces available: ________________ Square footage of the dwelling: ________________ Number of bedrooms in the dwelling: ________________ For each bedroom, please state the square footage of the room and the number and size of each window: Bedroom 1: ___________________________________________ Bedroom 2: ___________________________________________ Bedroom 3: ___________________________________________ Bedroom 4: ___________________________________________ [Attach additional shee ts if necessary.] Is the number of residents necessary in order for the dwelling to be financially viable? If so, pl ease explain why: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ Is the number of residents necessary in or der for the dwelling to be therapeutically beneficial for the residents? If so, please explain why: ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ I AFFIRM UNDER PENALTY OF PERJURY THAT THE INFORMATION PROVIDED IN THIS APPLICATION IS TRUE AND ACCURATE. I UNDERSTAND THAT IF I KNOWINGLY PROVIDE FALSE INFORMATION ON THIS APPLICATION THAT MY APPLICAT ION MAY BECOME NULL AND VOID. Signature: _____________________ Name: _____________________ Date: _____________________ OFFICIAL USE ONLY Reasonable Accommodati on Request Number: _________________ Expiration: Approvals for Reasonable Accommodations shall expire within one hundred eighty (180) days if not implemented. Verification of Disability Status This form must be completed by someone w ho knows about the indivi duals’ disabilities. The City of Delray Beach Pl anning and Zoning Department re spects individuals’ privacy. We will verify disability status, but will not inquire into the nature or severity of a disability. Nor will wee ask to see a pers on’s medical records. We will limit our disability inquiry to requiring the Applicant to verify the disa bility status of individuals for purposes of State and federal law. Definitions: Federal law provides that “persons with di sabilities” are persons who: (1) have any “physical or mental impairment” that subs tantially limits one or more “major life activities”; (2) have a record of having the impairment; or (3) are regarded by others as having the impairment. A “major life activity” is any task central to most people’s daily lives, such as caring for oneself, performing manual tasks, walking, s eeing, hearing, speaki ng, breathing, learning, and working. A “physical or mental impairment” includes, but is not limited to, orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, me ntal retardation, emoti onal illness, learning disabilities, HIV disease (whether symptoma tic or asymptomatic), tuberculosis, drug addition, and alcoholism. Anyone with a history of an impairment that limits a major life activity is also a person with disabilities. Verification: To the best of my knowledge, information, and belief, the person(s) who occupy (or who will occupy) the dwelling that is subject to the above request for reasonable accommodation ___ do _____ do not m eet the definition of “persons with disabilities.” I am in a pos ition to know about the person(s)’ disabilities because: ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________ . (For example, are you a medical or social serv ices professional, part of a peer support group that serves the person(s), or some one who resides with the person(s)?) Note: Do NOT reveal the nature or se verity of the persons’ disabilities. I affirm under penalty of perjury that the info rmation provided in this application is true and accurate: Signature: _____________________________ Name: _____________________________ Date: _____________________________ Address: _____________________________ Telephone: _____________________________ PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JANUARY 23, 2012 AGENDA NO: IV. A. AGENDA ITEM: CONSIDERATION OF A CITY-INITIATED AME NDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), AMENDING CHAPTER TWO , “ADMINISTRATIVE PROVISIONS” OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY AMENDIN G SECTION 2.4.7(G), “REQUESTS FOR REASONABLE ACCOMMODA TION” ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a city- initiated amendment to the Land Development Regulat ions (LDRs) that will provide clarification with respect to current information requested on the “Request Form for Reasonable Accommodation.” 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 t he Planning and Zoning Board. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the C ity Commission make a finding that the text amendment is consistent with and furthers the Goals, Obj ectives 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 th at the proposed amendment is not inconsistent with them. REVIEW BY OTHERS Courtesy Notices A courtesy notice was provided to the Neighborhood Advi sory Council. Letters of objection and support, if any, will be pro vided at the Planning and Zoning Board meeting. ALTERNATIVE ACTIONS A. Continue with direction. Planning and Zoning Board Meeting, January 23, 2012 LDR Amendment – Reasonable Accommodation 2 B. Move a recommendation of approval to the City Com mission of the amendment to Land Development Regulations, Section 2.4.7(G), “Requests for Reasonable Accommoda tion”, by adopting the findings of fact and law contained i n the staff report, and finding that the text amendment and approval thereof is consistent with the C omprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). C. Move a recommendation of denial to the City Commi ssion of the amendment to Land by Development Regulations, Section 2.4.7(G), “Requests for Reasonable Accommoda tion”, adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with th e 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 Developm ent 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 amen dment 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