ORDINANCE NO. 03-17 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", ( 5), " NOTICE OF PROPOSED DECISION", ( 6), " APPPEAL", AND ( 8), " REQUEST FORM FOR REASONABLE ACCOMMODATION", TO UPDATE AND CLARIFY SAME; ENACTING A NEW SUBSECTION 2.4. 7( G)( 10), RECERTIFICATION" TO PROVIDE FOR ANNUAL RECERTIFICATION OF REASONABLE ACCOMMODATIONS; ENACTING A NEW SUBSECTION 2.4. 7( G)( 11), SEVERABILITY" TO PROVIDE FOR SEVERABILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach hereby desires to adopt within the City' s Land Development Regulations and consistent with the Final Order of the Southern District of Florida in Jeffrey O. v. City ofboca Katon, 511 F.Supp.2d 1339 ( S.D. Fla. 2007), reasonable accommodation procedures that will permit disabled individuals ( or qualifying entities) to request reasonable accommodations and, where appropriate based on the facts and law, to receive reasonable accommodations; and WHEREAS, reasonable accommodations are not automatically granted. The government must be given an opportunity to make a final decision with respect to the request, which necessarily includes the ability to conduct a meaningful review of the requested accommodation to determine if such an accommodation is required by law. Schwarz v. City of Treasure.Island, 544 F.3d 1201, 1219 ( 11th Cir. 2008); and WHEREAS, an accommodation is not reasonable if it either: imposes undue financial and administrative burdens on the government or requires a fundamental alteration in the zoning scheme. Sch. Bd.. of Nassau Cnty. P. Arline, 480 US 273, 288 n. 17, 107 S. Ct. 1123, 94 L.Ed.2d. 307 ( 1987); Schwarz supra. at 1220; and WHEREAS, the City Commission of the City of Delray Beach desires to update its reasonable accommodation ordinance to provide for an updated reasonable accommodation request form and to have applicants recertify on an annual basis that they are disabled and that they have a accommodation; and continued need for the WHEREAS, a policy that required disabled participants to provide updated medical information every three ( 3) years recertifying that they are disabled did not discriminate against participant on basis of his disability. Weinrich v. Los Angeles Cnty. Metro. Transp. Auth.,114 F. 3d 976 ( 9th Cir. 1997), cert. denied, Weinrich v. Los Angeles Cnty. Metro. Transp. Auth., 522 U.S. 971 ( 1997); and
WHEREAS, pursuant to LDR Section 1. 1. 6 and 2.4. 5( N), the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on December 19, 2016 and voted 5 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 Section 2.4. 7( G), " Requests for Accommodation", Subsections ( 1), " Purpose", 5), " Notice of Proposed Decision", ( 6), " Appeal", 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 amended to read as follows: G) Requests for Accommodation: 1) Putpose. 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 for persons with disabilities as provided by the federal Fair Housing Amendments Act (42 U.S. C. 3601, et. seq.) (" FHAA4') and Title II of the Americans with Disabilities Amendments Act (42 U.S. C. Section 12131, et. seq.) (" ADAAV ). 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 qualifying entities) may request a reasonable accommodation with respect to the City' s Land Development Regulations, Code of Ordinances, rules, policies, practices and/ or procedures as provided by the FHAA and the ADAC- pursuant to the procedures set out in this section. the authority 5) Notice of Proposed Decision. The City Manager, or his/ her designee, shall have 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. 2 ORD NO. 03-17
The City Manager, or his/ her designee, shall issue a written determination within. forty-five ( 45) calendar 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 therefore. 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 or hand delivery receipt signed by the recipient. 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) calendar day period, request additional information from the requesting party, specifying in sufficient detail what information is required. The requesting party shall have fifteen ( 15) calendar 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) calendar 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) calendar days after receipt of the additional information. If the requesting party fails to provide the requested additional information within said fifteen ( 15) calendar day period, the City Manager, or his/ hex designee, shall issue a 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. 6) Appeal. Within thirty ( 30) calendar days after the City Manager' s, or his/ her 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) calendar days after an appeal has been filed. 8) Request Form for Reasonable Accommodation. a) Contents of Reasonable Accommodation Request Form: 1. Name and contact information of the-maapplicant; 2. Information regarding property at which reasonable accommodation is requested, including the address and legal description of such location as well as ownership of the subject propeyty; 3. Describe the accommodation and the specific regulations) and/ or procedure(s) from which accommodation is sought; 4. Reasons the accommodation may be necessary for the Applicant or the individuals with disabilities seeking the specific accommodation, and if 3 ORD NO. 03-17
01C relating to housing, why the requested reasonable accommodation is necessary to use and enjoy the housing; 5. Describe qualifying disability or handicap,; 6. Other relevant information pertaining to the disability or property that may be needed by the City in order for it to be able to evaluate the request for reasonable accommodation; 7. All certified recovery residences must provide proof of satisfactory, fire, safem and health inspections as required bisection 397 487, Fla Stats as amended from time to time; 8. Signature of applicant; Dia p c, 9. If on-site supervisor or manager, provide the name and contact information (Phone and email) for each; 10. Date of application; 11. Disclosure of ownership interests of property 12. Owner' s consent for application. 2P; Section 3. That Section 2.4.7( G), " Requests for Accommodation", Subsection ( 10), Recertification", of the Land Development Regulations of the City of Delray Beach shall hereby be enacted to read as follows: 10) Recertification. All reasonable accommodation requests approved by the City Manager or his/ her designee and implemented by the Applicant pursuant to this Section, 2.4.7( Q), Requests for Accommodation" are valid for no more than one ( 1) year and shall require annual recertification each year on or before April 1st. Failure to recertify annually shall result in the revocation of the approved reasonable accommodation. Recertification requests shall follow the same requirements as Section 2.4.7( G) " Requests for Accommodation", and review of recertification requests shall follow the same procedures as outlined in Subsection 2. 4.7( G)(5), " Notice of Proposed Decision" with the same appellate opportunities afforded to the applicant as provided under Subsection 2.4. 7( G)(6), " Appeal" except the recertification notice will be sent annuallv by regular mail or hand delivered. Section 4. That Section 2.4.7( G), " Requests for Accommodation", Subsection ( 12), " Severability", of the Land Development Regulations of the City of Delray Beach shall hereby be enacted to read as follows: 12) Severability. If any part Section Subsection, paragraph subparagraph, sentence, phrase clause term or word of this Section 2.4.7( Q, " Requests for Accommodation" is declared unconstitutional by the final and valid judgment or decree of any court of competent jurisdiction this declaration of unconstitutionality or invalidity shall not affect any other part Section, Subsection, paragraph subparagraph sentence, phrase, clause, term, or word of this Section 2.4. 7( G). " Reauests for Accommodation". 4 ORD NO. 03-17
Section 5 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 6. hereby repealed. Section 7. and final reading. That all ordinances or parts of ordinances in conflict herewith be, and the same are That this ordinance shall become effective immediately upon its passage on second jmuait, 2017. PASSED AND ADOPTED in regular session on second and final reading on this the 24th day of ATTEST MAYOR City Clerk First Reading: lanuary 10. 2017 Second Reading: January 24, 2017 5 ORD NO. 03-17
City of Delray Beach 100 N. W. 1st Avenue Delray Beach, FL 33444 Legislation Text File #: 17-096, Version: 1 TO: Mayor and Commissioners FROM: Timothy Stillings, Planning, Zoning & Building Director THROUGH: Chief Neal de Jesus, Interim City Manager DATE: January 24, 2017 ORDINANCE NO. 03-17: 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", ( 5), " NOTICE OF PROPOSED DECISION", ( 6), " APPEAL", AND ( 8), " REQUEST FORM FOR REASONABLE ACCOMMODATION", TO UPDATE AND CLARIFY SAME; ENACTING A NEW SUBSECTION 2. 4. 7( G)( 10), " RECERTIFICATION" TO PROVIDE FOR ANNUAL RECERTIFICATION OF REASONABLE ACCOMMODATIONS; ENACTING A NEW SUBSECTION 2. 4. 7( G)( 11), " SEVERABILITY" TO PROVIDE FOR SEVERABILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.( SECOND READING) Recommended Action: Motion to Approve Ordinance No. 03-17 on Second Reading, as presented. Background: The purpose of enacting LDR Section 2. 4. 7.( G) " Requests for Reasonable Accommodation" 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 for persons with disabilities as provided by the Federal Fair Housing Amendments Act (42 U. S. C. 3601, et. seq.) FHA") and Title 11 of the Americans with Disabilities Act (42 U. S. C. Section 12131, et. seq.) 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/ or procedures as provided by the FHA and the ADA, pursuant to the procedures set out in this section. City Attorney Review: Approved as to form and legal sufficiency. Finance Department Review: N/ A Funding Source: N/ A Timing of Request: N/ A City of Delray Beach Page 1 of 2 Printed on 1/ 19/ 2017 pow[ lod by I ogiffl ar nvl
File M 17-096, Version: 1 City of Delray Beach Page 2 of 2 Printed on 1/ 19/ 2017 powo and by I ogiffl ar nvl
City of Delray Beach Planning and Zoning Department Application Form to Request a Reasonable Accommodation A reasonable accommodation is any modification 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 Planning and Zoning Department, pursuant to State and federal law, to provide individuals with disabilities reasonable accommodation in rules, policies, practices, and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. If you believe that you need a reasonable accommodation 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 the 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. NOTE: If you are granted a reasonable accommodation, you are required to inform the City within thirty (30) calendar days of any changes to the information contained in your application. You are also required to recertify on an annual basis that you have a continued need for the accommodation that has been approved. Failure to recertify shall result in the revocation of your reasonable accommodation. Name and Contact Information of the Applicant: Name: Address: Telephone: Alternative Telephone: 1
Location Where Reasonable Accommodation is Requested: Address: Legal Description: Is this a new Reasonable Accommodation Request? If this is a recertification request, when was the request previously submitted? Is Applicant the owner of the property at which Reasonable Accommodation is requested? Yes No If "No", provide the name and contact information of the owner of the property at which Reasonable Accommodation is requested: Name: Address: Telephone: Is the Applicant the representative of the owner of the property at which the Reasonable Accommodation is requested? Yes No 2
Is the dwelling licensed or certified by the State of Florida? If so, please provide the type of license or certificate, the 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 on Page 6. If "No", provide the name and contact information of the individual( s) for whom Reasonable Accommodation is requested below: Please describe the accommodation you need. What rules or policies would you like the City of Delray Beach Planning and Zoning 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 persons with disabilities to live in the dwelling: 3
Please provide the following information if you are requesting an accommodation in order to house more than three (3) unrelated people in a dwelling unit: 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 parking spaces available: Square footage of the dwelling: Number of bedrooms in the dwelling: For each bedroom, please state the square footage of the room (excluding closets) and the number and size of each window: Bedroom 1: Bedroom 2: Bedroom 3: Bedroom 4: Attach additional sheets if necessary.] If the dwelling unit is a Certified Recovery Residence, please provide the most recent proof of satisfactory fire, safety, and health inspections as required by Section 397. 487 3)( m), Fla. Stat. Attach additional sheets if necessary.] If on- site supervisor or manager is provided, please provide the following information and regularly update if there are any changes: Name: Telephone: 4
Email: Is the number of residents necessary in order for the dwelling to be financially viable? If so, please explain why: Is the number of residents necessary in order for the dwelling to be therapeutically beneficial for the residents? If so, please explain why: Please describe plan for eviction of residents on a separate sheet of paper. Expiration: Approvals for Reasonable Accommodations shall expire within one hundred eighty ( 180) calendar days if not implemented. Recertification: If a Reasonable Accommodation request is approved by the City Manager or his/ her designee and implemented by the Applicant, then it shall be valid for no more than one 1) year and shall require annual recertification on or before April Is'. I CERTIFY 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 APPLICATION SHALL BECOME NULL AND VOID. Signature: Name: Date: OFFICIAL USE ONLY Reasonable Accommodation Request Number: 5
Verification of Disability Status This form must be completed by someone who knows about the individuals' disabilities. The City of Delray Beach Planning and Zoning Department respects individuals' privacy. We will verify disability status, but will not inquire into the nature or severity of a disability. Nor will we ask to see a person' s medical records. We will limit our disability inquiry to requiring the Applicant to verify the disability status of individuals for purposes of State and federal law. Definitions: Federal law provides that " persons with disabilities" are persons who: ( 1) have any physical or mental impairment" that substantially 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, seeing, hearing, speaking, 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, mental retardation, emotional illness, learning disabilities, HIV disease ( whether symptomatic 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 meet the definition of "persons with disabilities." I am in a position to know about the person( s)' disabilities because: For example, are you a medical or social services professional, part of a peer support group that serves the person( s), Note: Do NOT reveal the nature or severity of the persons' disabilities. or someone who resides with the person( s)?) 6
I affirm under penalty of perjury that the information provided in this application is true and accurate: Signature: Name: Date: Address: Telephone
OWNER' S CONSENT This form must be completed by ALL property owners) I,, the fee simple Owner's Name) owner of the following described property (give legal description): hereby petition to the City of Delray Beach for Approval of this Application for Reasonable Accommodation for Applicant Name)
I certify that I have examined the application and that all statements submitted are true and accurate to the best of my knowledge. Further, I understand that this application and attachments become part of the Official Records of the City of Delray Beach, Florida, and are not returnable. Owner's Signature) The foregoing instrument was acknowledged before me this, day of, 20 by who is personally known to me or has produced type of identification) as identification and who did ( did not) take an oath. Printed Name of Notary Public) ( Commission # Signature of Notary Public) My Commission Expires NOTARY' S SEAL) 9
OWNER' S DESIGNATION OF AGENCY This form must be completed by ALL property owners if designating an Agent) I,, the fee simple owner of the following Owner's Name) described property ( give legal description): hereby affirm that Applicants/Agent's Name) is hereby designated to act as agent on my behalf to accomplish the above. 10
I certify that I have examined the application and that all statements submitted are true and accurate to the best of my knowledge. Further, I understand that this application and attachments become part of the Official Records of the City of Delray Beach, Florida, and are not returnable. Owner's Signature) The foregoing instrument was acknowledged before me this day of, 20 by is personally known to me or has produced type of identification) as identification and who did ( did not) take an oath. who Printed Name of Notary Public) Commission # Signature of Notary Public) My Commission Expires NOTARY' S SEAL) 11
CITY OF DELRAY BEACH - PLANNING AND ZONING DEPARTMENT EXHIBIT "A" PROPERTY 12
Recertification Form On or before April I st each year, you shall, in substantially the same form as provided herein, affirm that there are no substantive changes to the information contained in this application and that you have a continued need for the accommodation that has been approved under this application or else your accommodation shall be revoked. I reviewed the City of Delray Beach Planning and Zoning Department Application Form to Request a Reasonable Accommodation ( attached) that was approved on this day of, 20 and do hereby affirm that there are no changes to the information contained herein and that I have a continued need for the accommodation requested herein. If there are changes, please describe the changes in detail: Note: If the City determines that the changes described herein are substantive enough to change the accommodation that has been approved, you may be required to submit a new application to be approved by the City. If the dwelling is a certified recovery residence, please provide the most recent proof of satisfactory fire, safety, and health inspections as required by Section 397. 487, Fla. Stat. I CERTIFY 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 RECERTIFICATION FORM THAT MY INITIAL APPLICATION SHALL BECOME NULL AND VOID. Signature: Name: Date: 13
PLANNING AND ZONING BOARD STAFF REPORT MEETING OF: December 19, 2016 AGENDA NO. VIII. A. AGENDA ITEM: Recommend to the City Commission to adopt the proposed City - initiated amendments to the LDRs, by amending section 2. 4. 7( G), Requests for Accommodation"; subsections ( 1), " Purpose", ( 5), Notice of Proposed Decision", ( 6), " Appeal", and ( 8), " Request Form for Reasonable Accommodation", to update and clarify same; enacting a new subsection 2. 4. 7( G)( 10), " Recertification" to provide for annual recertification of reasonable accommodations; and enacting a new subsection 2. 4. 7( G)( 11), " for severability. Severability" to provide ITEM BEFORE THE BOARD The action before the Board is a recommendation to the City Commission to adopt the proposed City -initiated amendments to the LDRs, by amending Section 2. 4. 7( G) to update the reasonable accommodation request form and require annual recertification of continued need for accommodation. BACKGROUND The purpose of enacting LDR Section 2. 4. 7.( G) " Requests for Reasonable Accommodation" 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 for 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"). 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/ or procedures as provided by the FHA and the ADA, pursuant to the procedures set out in this section. The proposed amendments are intended to update this section of the LDRs.
Planning and Zoning Board Staff Report of December 19, 2016 Reasonable Accommodations Request Updates PROJECT DESCRIPTION The proposed amendments are City -initiated to accomplish the following: Update the reasonable accommodation request form and require applicants to recertify on an annual basis that the accommodation is still needed. REQUIRED FINDINGS LDR Section 2. 4. 5( M)( 5)( Findings): Pursuant to LDR Section 2. 4. 5( M)( 5)( Findings), in addition to LDR Section 1. 1. 6( A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Policy was noted: Future Land Use Element Objective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide streamlining of processes and to accommodate planned unit developments ( PUD), mixed- use developments, and other innovative development practices. The purpose of the proposed amendment is one of maintaining and updating the LDRs. Specifically, the amendment is required to bring the LDRs into compliance with recent federal case law. It is noted that while compliance with federal case law is not specifically mentioned in the Goals, Objectives, and Policies of the Comprehensive Plan, this is understood. Based on the above, a positive finding can be made that the amendment is consistent with and further the Goals, Objectives, and Policies of the Comprehensive. ALTERNATIVE ACTIONS A. Move to continue with direction. B. Move a recommendation of approval to the City Commission to adopt the proposed City -initiated amendments ( as provided in the attached Ordinance No. 03-17) to the LDRs, by amending Section 2. 4. 7( G) to update the reasonable accommodation request form; require annual recertification of continued need for 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 to adopt the proposed City -initiated amendments ( as provided in the attached Ordinances No. 34-16 and 03-17) to the LDRs, by amending Section 2. 4. 7( G) to update the reasonable accommodation request form; require annual recertification of continued need for accommodation. In addition, amendments are proposed to update definitions of Medical Office, Non- residential Licensed Service Provider, and deleting obsolete 2
Planning and Zoning Board Staff Report of December 19, 2016 Reasonable Accommodations Request Updates definitions, 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). RECOMMENDED ACTION Recommend to the City Commission to adopt the proposed City -initiated amendments as provided in the attached Ordinance 03-17) to the LDRs, by amending Section 2. 4. 7 to update the reasonable accommodation request form and require annual recertification of continued need for 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). Staff Report Prepared by: Tim Stillings, AICP Attachments: Ordinance No. 03-17: 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" ( 5), " NOTICE OF PROPOSED DECISION'; ( 6), " APPEAL'; AND ( 8), " REQUEST FORM FOR REASONABLE ACCOMMODATION'; TO UPDATE AND CLARIFY SAME; ENACTING A NEW SUBSECTION 2. 4. 7( G)( 10), " RECERTIFICATION" TO PROVIDE FOR ANNUAL RECERTIFICATION OF REASONABLE ACCOMMODATIONS, ENACTING A NEW SUBSECTION 2. 4. 7( G)( 11), SEVERABILITY" TO PROVIDE FOR SEVERABILITY; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. Application Form to Request a Reasonable Accommodation 3