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Ord 08-02ORDINANCE NO. 8-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING APPENDIX "A", "DEFINITIONS", TO ADD THE DEFINITION OF "BEDROOM"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Land Development Regulation Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on January 28, 2002, 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 changes are consistent with and further the objectives and policies of 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 Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, Appendix "A", "Definitions" be and the same is hereby amended by adding a new definition of "bedroom" to read as follows: BEDROOM: A room intended for, or capable of, being used for sleeping and that is at least 70 square feet in area. A room designated on building plan submittals as a "den", "library", "study", "loft", or other extra room that satisfies the definition and is not a kitchen, living room, dining room or bath will be considered to be a bedroom for the purpose of computing bedroom area. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 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 this ordinance shall become effecuve immediately upon passage on second and final reading. .~ PASSE/-~A_ .N _DdAD OPTED day of "'/'/;'~ A2TEST City Clerk First ReadingS. /~ ~0o~° Second Reading in regular session on second and final reading on this the ,200 ~,~ MAYOR 2 OR.D NO. 8-02 Id~l~ OL~ELORMI~I' I~r. GU~llON~ ~' OF 11,E COOE OF ORDII~NCE~ BY ~RI)eeG ~,RTICLE$ $.3. ~qBdOING SECTION 2~4 4, ~=~ROV~ OF LAND USE I~'VELORMENT APPLICATIONS'. I -.AMENOING ~ (4). 'Ul1- G,ATION PRE',/E~ CONSTRUC- TION'. TO F~OV~DE FOR 'liONS WH~i L.IllGA'TION i$ ~ O0NS"mUCllOfLI RELATING TO A mo A S~V1NG CUTUP, k G~ERAL - g~ilee be Idvied 'lit Il a INf'~ 'k'""d~ iD a~ my dlctedon made MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM I (D~C~ - REGULAR MEETING MARCH $, 2002 ORDINANCE NO. B-02 (AMENDMENT TO LDR APPENDIX DEFININTIONS) MARCH 1, 2002 This is second reading and second public heating for Ordinance No. 8-02 mending LDR of the Code of Ordinances by amending appendix "A .... Definitions", to add the definition of "Bedroom"; providing a general repealer clause, a saving clause, and an effective date. This amendment is being processed for clarification purposes and to ensure requited minimum parking and floor area requirements are met for multiple family developments. Parking and minimum floor area requirements for multi-family units are based on the number of bedrooms. A room designated on the floor plans as den/study is not counted as a bedroom, however, in many instances it is utilized as such. In these situations, the required parking and minimum floor area requirements for the units are usually not met. There have also been situations where property owners have converted den/study areas to additional bedrooms, and have not met the minimum unit floor area requirement. In response, the plans have been revised designating the proposed room as a den/study, thus subverting the minimum unit floor area requirement. The Planning and Zoning Board held a public heating regarding this item. There was no public testimony and after discussing this amendment the Board voted 6-1 to recommend to the City Commission approval of amending LDR Appendix "A" "Definitions" to add the definition of "Bedroom" based upon positive findings with respect to LDR Section 2.4.5(M). At first reading and first public heating on February 19, 2002, the City Commission passed the Ordinance No. 8-02 unanimously. Recommend approval of Ordinance No. 8-02 on second reading/second public heating. S:\Gty Clerk\chevelle folder\agenda memo~\Ord 8.0903.05.02 TO: THRU: FROM: SUBJECT: DA/~.~~C!TY MANAGER PAUL DORL. IN~ E~TOR OF PLANNING AND ZONING JEFFREYf A.~O~ELLO, PRINCIPAL PLANNER MEETING OF FEBRUARY 19, 2002 AMENDMENT TO THE DEFINITIONS SECTION (APPENDIX A) OF THE LAND DEVELOPMENT REGULATIONS TO ADD A DEFINITION OF BEDROOM. This amendment is being processed for clarification purposes and to ensure required minimum parking and floor area requirements are met for multiple family developments. Parking and minimum floor area requirements for multi-family units are based on the number of bedrooms. A room designated on the floor plans as den/study is not counted as a bedroom, however, in many instances it is utilized as such. In these situations, the required parking and minimum floor area requirements for the unit are usually not met. There have also been situations where property owners have converted den/study areas to additional bedrooms, and have not met the minimum unit floor area requirement. In response, the plans have been revised designating the proposed room as a study/den, thus subverting the minimum unit floor area requirement. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment is being processed more for clarification purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The Planning and Zoning Board held a public hearing regarding this item at its meeting of January 28, 2002. There was no public testimony regarding the amendment. The Board requested that dining rooms be added to the rooms that would not be considered a bedroom. After discussing the item, the Board voted 6-1 (Sowards dissenting) to recommend to the City Commission approval of the following definition of bedroom, based upon positive findings with respect to LDR Section 2.4.5(M): A room intended for, or capable of, being used for sleeping and that is at least 70 square feet in area. A room designated on building plan submittals as a "den", "library", "study", "loft", or other extra room that satisfies the definition and is not a kitchen, living room, dining room, or bath will be considered to be a bedroom for the purpose of computing bedroom area. By motion, approve the amendment approval of the proposed amendment to the "Definitions" section (Appendix A) of the Land Development Regulations to add a definition of bedroom, based upon the findings and recommendations by the Planning and Zoning Board, setting a public hearing date of March 5, 2002. Attachment:: Ordinance by Others S:lPlanning&ZomnglBoardslCityCommission/LDRDefBedroom /0 C. ORDINANCE NO. 8-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING APPENDIX "A", "DEFINITIONS", TO ADD THE DEFINITION OF "BEDROOM"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Land Development Regulation Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public heating on January 28, 2002, 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 changes are consistent w-~th and further the objecnves and policxes of 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 Land Development Regulations of the Code of Ordinances of the City of Dekay Beach, Florida, Appendix "A", "Definitions" be and the same is hereby amended by adding a new definition of "bedroom" to read as follows: BEDROOM: A room intended for, or capable of, being used for sleeping and that is at least 70 square feet in area. A room deszgnated on bmlding plan subrmttals as a "den", "library", "study", "loft", or other extra room that satisfies the definition and is not a kitchen, living room, dining room or bath will be considered to be a bedroom for the purpose of computing bedroom area. Section 2. That all ordinances or parts of ordinances m conflict herewith be, and the same are hereby repealed. Section 3. That should any section or promsion 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 valichty of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effeclave immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,, 200 ATI~EST MAYOR City C~e~k First Reading Second Reading 2 ORD NO. 8-02 MEETING OF: JANUARY 28, 2002 AGENDA ITEM: IV.E. AMENDMENT TO THE DEFINITIONS SECTION OF THE LAND DEVELOPMENT REGULATIONS REGARDING BEDROOMS. The item before the Board is that of processing an amendment to the "Definitions" section of the Land Development Regulations (LDRs) to add a definition of bedroom, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the LDRs may not be made until a recommendation is obtained from the Planning and Zoning Board. This amendment is being processed for clarification purposes. Parking and minimum floor area requirements for multi-family units are based on the number of bedrooms. A room designated on the floor plans as den/study is not counted as a bedroom, however, in many instances it is utilized as such. In these situations, the required parking and minimum floor area requirements for the unit are usually not met. There have also been situations where property owners have converted den/study areas to additional bedrooms, and have not met the minimum unit floor area requirement. In response, the plans have been revised designating the proposed room as a study/den, thus subverting the minimum unit floor area requirement. In order to provide clarification and ensure required minimum parking and floor area requirements are met, the following definition of bedroom is proposed: A room intended for, or capable of, being used for sleeping and that is at least 70 square feet in area. A room designated on building plan submittals as a "den", "library", "study", "loft", or other extra room that satisfies the definition and is not a kitchen, living room, or bath will be considered to be a bedroom for the purpose of computing bedroom area. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated more for clarification purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. IV.E. Planning and Zoning Board Memorandum Staff Report LDR Text Amendment - Definition of Bedroom Page 2 By motion, recommend approval of the proposed amendment to the "Definitions" section (Appendix A) of the Land Development Regulations regarding a bedroom, based upon positive findings with LDR Section 2.4.5(M).