R16-164 RESOLUTION NO. R16- 164
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING ISSUANCE OF A "NOTICE
5 OF INTENT" TO COMMENCE A TEMPORARY
6 MORATORIUM, UNTIL JUNE 1, 2017, ON THE
7 RECEIPT, PROCESSING OR ISSUANCE OF PERMITS
8 FOR GROUP HOMES WITHIN THE CITY OF
9 BOYNTON BEACH, FLORIDA; PROVIDING AN
10 EFFECTIVE DATE
11
12 WHEREAS, on November 10, 2016 the United States Departments of Justice and
13 Housing and Urban Development Released Updated Fair Housing Act Guidance on
14 State and Local Land Use Laws related to group housing; and
15 WHEREAS, City Development Department staff and Legal Department staff require
16 time to study the Guidance to determine if revisions should be made to the City Land
17 Development Regulation to address provisions of the Guidance, the scope of which is addressed
18 in the attached Notice of Intent; and,
19 WHEREAS, based upon the above facts and recommendations from City
20 Administration, the City Commission deems it necessary and to be in the best interests of the
21 health, safety, and welfare of the citizens and residents of the City of Boynton Beach, to impose
22 a moratorium on processing, consideration, and the approval of any new applications or the
23 issuance of any building permits, engineering permits, certificate of use or development orders
24 for group homes within the City of Boynton Beach, Florida until June 1, 2017; and,
25 WHEREAS, the Commission deems it timely and in the best interest of the City and its
26 residents to undertake review and revision of the zoning regulations as they relate to group
27 housing within the City of Boynton Beach; and,
28 WHEREAS, the Commission has authority to initiate the review process by resolution
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29 and issuance of a Notice of Intent; and,
30 WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents a
31 formal announcement of said planning activities, and the period during which time all
32 applications related to the siting and placement of group homes within the City of Boynton
33 Beach will not be accepted or processed; and,
34 WHEREAS, this Notice of Intent will be in effect from the date of adoption and
35 thereafter up to and including June 1, 2017, unless otherwise terminated or extended by the City
36 Commission by subsequent Resolution following public hearing; and,
37 WHEREAS, the Commission intends that this Resolution constitute zoning in progress
38 and the commencement of a temporary moratorium as a means of temporarily suspending the
39 processing, consideration, and the approval of any new applications or the issuance of any
40 building permits, engineering permits, certificates of use or development orders for group homes
41 within the City of Boynton Beach, Florida until June 1, 2017; and
42 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter
43 166 of the Florida Statutes, the City of Boynton Beach is authorized and required to protect the
44 public health, safety and welfare of its citizens and has the power and authority to enact
45 regulations for valid governmental purposes that are not inconsistent with general or special law;
46 and,
47 WHEREAS, the public health, safety and welfare is a legitimate public purpose
48 recognized by the courts of the State of Florida.
49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
50 CITY OF BOYNTON BEACH, FLORIDA, THAT:
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51 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
52 being true and correct and are hereby made a specific part of this Resolution upon adoption
53 hereof.
54 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
55 issue the Notice of Intent attached hereto as Exhibit"A".
56 Section 3. That this Resolution shall become effective city-wide immediately upon
57 passage.
58 Section 4. The Notice of Intent shall be posted and copies provided as required by
59 Ordinance 000-053.
60 Section 5. No application for a development activity, permit, or Business Tax
61 Receipt, that is defined within the scope of the study shall be accepted or processed by the City,
62 following the date of adoption of this Resolution during the study period.
63 Section 6. The City Commission requests that the City Administration address in its
64 study the issues as identified in the Notice of Intent attached hereto as Exhibit"A".
65
66
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67 PASSED AND ADOPTED this Gni day of ie.., 2016.
68
69
70 CITY OF BOYNTON BEACH, FLORIDA
71
72 YES NO
73
74 Mayor— Steven B. Grant
75
76 Vice Mayor—Mack McCray
77
78 Commissioner—Justin Katz
79
80 Commissioner—Christina L. Romelus
81
82 Commissioner—Joe Casello
83
84
85 VOTE
86
87 ATTEST:
88
8990
91 J96i h A. Pyle, CMC
92 y Clerk
93
94
95
96 (Corporate Seal)
97
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NOTICE OF INTENT TO ADOPT PENDING AMENDMENTS
TO LAND DEVELOPMENT REGULATIONS
NOI #2016-02
STATEMENT OF PURPOSE AND SCOPE OF STUDY
The purpose of this 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 development regulations applicable to group homes within
the City of Boynton Beach. This moratorium is intended to abate the review or approval of group
homes to allow time to study 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.
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
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
To be determined as part of study.
PROJECTED TIME FRAME FOR STUDY
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From approval of the NOI by the City Commission, up to, and including, June 1, 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 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 Notice, all the following shall be abated within the City during the
study period:
A. Processing new applications for group homes;
B. Issuance of building permits, certificates of use, business tax receipts for group homes.
This Notice of Intent shall only apply to applications submitted to the City after the Notice of
Intent is executed.
ADDITIONAL NOTICE
1. The Notice of Intent shall be posted in the Development Department and in the notice
case located at the main entrance to City Hall.
2. A copy of the Notice of Intent shall be mailed to the Chamber of Commerce.
3. Following issuance of this Notice of Intent, the notice shall be provided to all applicants
who may be potentially affected by the pending study and regulatory changes. This
notice shall be provided to those individuals by mail, facsimile, electronic mail or in
person. Comments including written objections to the Notice of Intent, shall be accepted
by the Development Department Director from recipients of this 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- ' of the City Commission of the City of
Boynton Beach, Florida the f S* day of L5 ec . , 2016.
By:
OJ 9(A-1,47-0—#2e of the City Cl
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