R16-165 RESOLUTION NO. R16-165
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, CONFIRMING THE COMMENCEMENT OF
5 A ZONING AND USE STUDY PERIOD INITIATED BY
6 CITY NOTICE OF INTENT 2016-02; DECLARING THE
7 STUDY PERIOD TO CONSTITUTE ZONING IN
8 PROGRESS; DECLARING ADOPTION OF NOI 2016-02
9 AS CITY INTENT TO ADOPT ORDINANCE(S)
10 AMENDING CITY LAND DEVELOPMENT
11 REGULATIONS RELATED TO GROUP HOMES;
12 PROVIDING FOR THE SCOPE OF THE STUDY;
13 PROVIDING FOR RIGHT OF EXTENSION OF THE
14 STUDY PERIOD; PROVIDING FOR ACCEPTANCE OF
15 APPLICATIONS FOR GROUP HOMES, REASONABLE
16 ACCOMMODATION AND BUILDING PERMITS
17 DURING THE STUDY PERIOD; PROVIDING FOR
18 ISSUANCE OF PERMITS FOR GROUP HOMES
19 WITHIN THE CITY OF BOYNTON BEACH, FLORIDA;
20 PROVIDING AN EFFECTIVE DATE
21
22 WHEREAS, on November 10, 2016 the United States Departments of Justice and
23 Housing and Urban Development Released Updated Fair Housing Act Guidance on
24 State and Local Land Use Laws related to group housing; and
25 WHEREAS, on December 6, 2016 the City Commission adopted Resolution R16-164
26 which incorporated City Notice of Intent 2016-02 declaring the commencement of a study period
27 related to City zoning and use regulations concerning group homes; and
28 WHEREAS, the City Commission has conducted a Public Hearing regarding the purpose
29 and scope of Notice of Intent 2016-02; and
30 WHEREAS, the City Commission finds it in the public interest to clarify the scope and
31 effect of Notice of Intent 2016-02 and the Zoning In Progress that corresponds to the study
32 period; and
33 WHEREAS, City Development Department staff and Legal Department staff require
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34 time to study the Guidance to determine if revisions should be made to the City Land
35 Development Regulation to address provisions of the Guidance, the scope of which is addressed
36 in the attached Notice of Intent; and,
37 WHEREAS, based upon the above facts and recommendations from City
38 Administration, the City Commission deems it necessary and to be in the best interests of the
39 health, safety, and welfare of the citizens and residents of the City of Boynton Beach, to abate
40 the issuance of any permit for group homes within the City of Boynton Beach, Florida until June
41 4, 2017; and,
42 WHEREAS, the Commission deems it timely and in the best interest of the City and its
43 residents to undertake review and revision of the zoning and use regulations as they relate to
44 group housing within the City of Boynton Beach; and,
45 WHEREAS, the Commission has authority to initiate the review process by resolution
46 and issuance of a Notice of Intent; and,
47 WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents a
48 formal announcement of said planning activities, and the period during which time all permits
49 for group homes within the City of Boynton Beach will not be issued; and,
50 WHEREAS, this Notice of Intent will be in effect from December 6, 2016 and thereafter
51 up to and including June 4, 2017, unless otherwise terminated or extended by the City
52 Commission by subsequent Resolution following public hearing; and,
53 WHEREAS, the Commission intends that this Resolution constitute zoning in progress
54 and notice of a pending ordinance(s) regarding the group homes within the City of Boynton
55 Beach, Florida until June 4, 2017; and
56 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter
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57 166 of the Florida Statutes, the City of Boynton Beach is authorized and required to protect the
58 public health, safety and welfare of its citizens and has the power and authority to enact
59 regulations for valid governmental purposes that are not inconsistent with general or special law;
60 and,
61 WHEREAS, the public health, safety and welfare is a legitimate public purpose
62 recognized by the courts of the State of Florida.
63 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
64 CITY OF BOYNTON BEACH, FLORIDA, THAT:
65 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
66 being true and correct and are hereby made a specific part of this Resolution upon adoption
67 hereof
68 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
69 confirm the issuance of Notice of Intent 2016-02 as modified in attached Exhibit"A".
70 Section 3. That this Resolution shall become effective city-wide immediately upon
71 passage.
72 Section 4. The revised Notice of Intent 2016-02 shall be posted and copies provided
73 as required by Ordinance 000-053.
74 Section 5. Applications for a Business Tax Certificate or other Development activity
75 for group homes may be accepted by the City but will only be processed when the application
76 conforms with pending regulatory changes or the application is conditioned on conformance
77 pursuant to the pending regulatory change as currently drafted as finally approved, whichever is
78 appropriate. Applications for building permits to construct new buildings or modify existing
79 buildings for group home use may be accepted and processed but applicants proceed at their own
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80 risk that a permit for a group home may not be issued based upon the final regulations
81 implemented as a result of this study.
82 PASSED AND ADOPTED this /' k`day of i°ee/^Le�!2016.
83
84 CITY OF BOYNTON BEACH, FLORIDA
85
86 YES NO
87
88 Mayor—Steven B. Grant
89
90 Vice Mayor—Mack McCray
91
92 Commissioner—Justin Katz
93
94 Commissioner—Christina L. Romelus V
95
96 Commissioner—Joe Casello
97
98 -�
99 VOTE
100
101 ATTEST:
102
103 � :4 'c
'
104 /
105 Jus h A. Pyle, CMC
106 Cjy Clerk
107
108
109 ` ',
110 (Corporate Seal)
111 t� r hp
Abr
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NOTICE OF INTENT TO ADOPT PENDING AMENDMENTS
TO LAND DEVELOPMENT REGULATIONS
NOI #2016 -002 Revised
STATEMENT OF PURPOSE AND SCOPE OF STUDY
The purpose of this revised Notice of Intent is to declare, in anticipation of amendments to the
City's Land Development Regulations, a study period to implement revisions to the City's Land
Development Regulations related to zoning and use regulations applicable to group homes within
the City of Boynton Beach.
This revised Notice of Intent is intended to advise current and future individuals or entities that
the City is abating its review or approval of group homes for a period up to and including June 4,
2017 to allow the City time to study and apply the recent Joint Statement of the Department of
Housing and Urban Development and the Department of Justice related to Local Land Use Laws
and Practices and the Application of the Fair Housing Act. The City anticipates that study period
will conclude with the adoption of one or more ordinances which relate to zoning and use
regulations related to group homes. Current and future owners, operators and occupants of group
homes are cautioned to monitor the status of the City's study and the anticipated ordinances that
will follow.
The City's Notice of Intent process is intended to operate as zoning in progress and notice of the
pendency of ordinances which may affect group homes in the City's jurisdictional limits.
During the study period, the City will continue to accept applications for reasonable
accommodation of group homes.
AFFECTED AREA
All property within the municipal boundaries of the City of Boynton Beach.
GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS (LDR)
A. Revisions to land use, zoning and life - safety requirements applicable to group homes that
do not constitute intentional or de facto discrimination against prospective occupants of
group homes.
B. Modification of the City's reasonable accommodation procedures.
C. Clarification of per occupant caps related to residential occupancy regulations.
D_ Inclusion of spacing or dispersal regulations related to group homes.
E. Modification of proposed chronic nuisance regulations to group homes.
AFFECT ON DEVELOPMENT IF REGULATION ADOPTED
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There are no specific current LDR code sections that have been identified for amendment. The
study is intended to identify regulations that, if amended, would enhance public safety and
promote sound planning, and preserve the aesthetic environment and quality of life, without
discriminating against individuals who have group home housing needs.
EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE
THE SUBJECT OF THE STUDY AND MAY BE AMENDED
Land Development Regulation Chapter 3, Articles II; III, IV, V
Land Development Regulation Chapter 3, Section 3, Use Regulations,
Land Development Regulation Chapter 3, Section 3 -D, Use Matrix
Additional Sections of the Land Development Regulations may be included as the study
progresses.
PROJECTED TIME FRAME FOR STUDY
From approval of the NOI by the City Commission, up to, and including, June 4, 2017.
The planning study including formulation of recommendations is estimated to take 6 months. If
additional time is required to complete the study due to the scope or magnitude of the regulatory
changes, a request for extension may be requested by the Development Department. The City
Commission, following public hearing on the request for extension may extend this revised
Notice of intent for an additional period of time as specified by the City Commission at the time
of extension.
STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING
REGULATION WOULD AFFECT
Effective on adoption of this revised Notice, all the following shall be abated within the City
during the study period:
A. Processing applications for group homes;
B. Issuance of building permits, certificates of use, business tax receipts for group homes.
ADDITIONAL NOTICE
The revised Notice of Intent shall be posted in the Development Department and in the
notice case located at the main entrance to City Hall.
A copy of the revised Notice of Intent shall be mailed to the Chamber of Commerce.
Following issuance of this revised Notice of Intent, the notice shall be provided to all
applicants who may be potentially affected by the pending study and regulatory changes.
This revised notice shall be provided to those individuals by mail, facsimile, electronic
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mail or in person. Comments including written objections to the revised Notice of Intent,
shall be accepted by the Development Department Director from recipients of this revised
notice.
4. Notice shall be provided to the City's Planning and Development Board.
Neither failure by the City Clerk to provide notice as set forth in this section nor the lack of
awareness of any potentially affected applicant shall not invalidate the applicability of this
notice.
Dated:
Adopted by Resolution number R16 -165 of the City Commission of the City of Boynton Beach,
Florida the 1 day of 2 2016.
1.
e er
Offi of the City Clerk
41 ,,
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