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TA2013-03001 � COMMUNITY DEVELOPMENT BOARD �� � °, : ��� �� PLANNING AND DEVELOPMENT DEPARTMENT � STAFF REPORT MEETING DATE: May 21,2013 AGENDA ITEM: E. 3. CASE: TA2013-03001 ORDINANCE NO.: 8398-13 REQUEST: Amendments to the Community Development Code—Ordinance Number 8398-13 INITIATED BY: City of Clearwater,Planning and Development Deparhnent BACKGROUND: On October 5, 2012, a complaint was filed against the City of Clearwater with the United States Department of Housing and Urban Development (HUD) alleging discrimination based on disability. In January 2013, the City and HUD (on behalf of the complainant) entered into a Conciliation Agreement, which is a voluntary and full settlement of the disputed complaint. Staff is proposing a text amendment to amend the definition for "family" and provide a new definition for"housing unit" consistent with the terms of the Conciliation Agreement. ANALYSIS: Proposed Ordinance No. 8398-13 includes amendments to Section 8-102, Definitions, of the Community Development Code. As noted above, these amendments are stipulated within the Conciliation Agreement between the City and HUD. Although the Community Development Code already includes a definition for family, modifications are included to provide further clarity. Additionally, this definition references housekeeping unit which is not otherwise defined within the Code. A new definition for housekeeping unit is proposed, as defined within the Conciliation Agreement, which also includes six situations that would exclude a group from being classified as a housekeeping unit. For example, the presence of interior doors with padlocks or keyed doorknobs limiting tenants' access would create a presumption that the group is not a bona fide housekeeping unit. Alternatively, if inembers have separate leases or subleases and make separate payments to the landlord, if the group significantly reforms over the course of 12 months or during the lease term, according to the provisions in the new definition, or if inembers do not engage in group living activities such as shopping, cooking and eating, it may be presumed that the group is not a bona fide housekeeping unit. The new definition for housekeeping unit also excludes residentially zoned properties acting as rooming or boarding houses (defined within) as these uses are prohibited within the Code. Community Development Board—May 21,2013 TA2013-03001—Page 1 . , �� �^' ��! }p, �� ����►!'�i�i.�Level III Text Amendment Review PLANNING 8 DEVELOPMENT DEPARTMENT '�'��..; . o ����° ..:.� ����-��� , �. �>���,.�� , CRITERIA FOR TEXT AMENDMENTS: Section 4-601, Community Development Code, sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goal and Policy which will be furthered by the proposed Code amendments: Goal C.1 An affordable variety of standard housing units in decent and safe neighborhoods to meet the needs of current and future residents regardless of race,nationality, age, marital status, handicap, or religion. Policy C.1.1.6 The City shall further fair housing so that a variety of housing choices are available to households without regard to religion, handicap, age, race, national origin, or marital status. The proposed amendments are intended to clarify certain definitions within the Community Development Code that are commonly referenced when determining whether activities within single-family residential districts are consistent with the defined uses of the district. As such,the above referenced elements of the Comprehensive Plan will be furthered. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in Section 1-103. ■ It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.A., CDC). ■ It is the further purpose of this Development Code to establish permitted uses corresponding with the purpose and character of the respective zoning districts and limit uses within each district to those uses specifically authorized (Section 1-103.E.8. CDC). The amendments proposed by this ordinance implement the Comprehensive Plan by providing clarity to the definition of family and creating the new definition of housekeeping unit, which, as outlined in the analysis above, are related to ensuring the City is furthering fair housing in the city. The amendments will also further the above referenced purposes by clarifying the existing rules of development because these definitions affect permitted uses in residentially zoning districts. Community Development Board—May 21,2013 TA2013-03001—Page 2 . ,� �p }p � '������i1'�i�L�Level III Text Amendment Review PLANNING&DEVELOPMENT DEPARTMENT , o . �.�'�:*�' -��;.�`.;< : . � �`��`.����e�.X<:.... ��,..<,.::., �.�t;i:''���r..� SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8398-13 that amends the Community Development Code. � �� . Prepared by Planning and Development Department Staff: �'�'�! ""�� Lauren Ma zke, AICP Long Range Planning Manager ATTACHMENTS: Ordinance No.8398-13 Resume Community Development Board—May 21,2013 TA2013-03001—Page 3 � • r, ORDINANCE NO. 8398-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION; AMENDING SECTION 8-102, DEFINITIONS, PROVIDING A REVISED DEFINITION FOR FAMILY AND A NEW DEFINITION FOR HOUSEKEEPING UNIT, CONSISTENT WITH THE TERMS OF THE CONCILIATION/ VOLUNTARY COMPLIANCE AGREEMENT ENTERED INTO BY AND BETWEEN THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE CITY OF CLEARWATER; CERTfFYIN� CONSISTENCY WITH THE CITY'S COMPREHENSIVE PCAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTNE DATE. WHEREAS, complaints alleging discriminatory housing practices in the City of Clearwater were fited with the United States Department of Housing and Urban Development (HUD) for investigation and appropriate action; and WHEREAS, a Conciliation Agreement was entered into by and between HUD and the � City of Clearwater; and WHEREAS, the City of Clearwater agreed to amend the Community DeVelopment Code to address requirements to amend its definitions section under the agreement section "Relief in the Public Interest"; and WHEREAS, the City of Clearwater has determined that in any event it is advisable to amend the Community Development Code in this respect in order to provide clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article. 8, Definitions and Rules of Construction, Section 8-102, Definitions, of the Community Development Code, is hereby amended as follows: * **** * *** * Family means persons who jointiv occupy+� and have equal access to areas of a residence and who function as a °;�housekeeping unit. * * * ** * ** * * Housekeepinq Unit means a qroup of individuals whether or not related bv blood, marriaqe, or civil union who reside toqether as a familv Existence of one or more of the followina shall create a rebuttable presumption that the aroup is not a bona fide housekeeqina unit: i. Interior doors that contain padlocks or keyed doorknobs, which limits tenants' use and access; ii. Members of the qroup have separate leases or sub leases and/or make separate pavments to the landlord; �, s`�a � r iii. The aroup siqnificantiv reforms over the course of a twelve (12) month period or durin4 the lease term bv losina and/or aaininc� two or more members. Additions can be made with landlord approval if inember(s) abandon(s) propertv, tenants and - landlords should verifi� riqhts under Florida Landlord Tenant Laws. iv. Residentiallv zoned propertv which provides livinq sleepma and at least one meal to four or more unrelated individuals for periods of one week or lonqer, tvpicallv referred to as a boardina house Such individuals do not have a lease aareement with the landlord for that propertv Such individuals onlv obtain a license to use their r_ooms while landlord maintains riqht of access and are tvpicallv referred to as boarders. Such uses are prohibited bv this code. v. Residentiallv zoned propertv that provides livina and sleepinq for more than four unrelated individuals for periods of one week or lonaer tvpicallv referred to as roomina house Such individuals do not have a lease aareement with landlord for propertv Such individuals onlv obtain a license to use their rooms while landlord maintains riqht of access and are tvpicallv referred to as boarders. Such uses are prohibited bv this code. vi. Members of this Qroup do not enaaae in group livina activities such as shoppinq. cooking, eatinq; and socializina. * **** * ** * * � Section 2. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 3. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 4. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. _ Section 5. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. � Section 6. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor Ordinance No.8398-13 Page 2 � r. Approved as to form: Attest: Leslie K. Dougail-Sides Rosemarie Call Assistant City Attorney City Clerk Ordinance No.8398-13 Page 3 r Resume Lauren Matzke,AICP 100 South Myrtle Avenue Clearwater,FL 33756 727-562-4547 lauren.matzke(�a,mvclearwater.com PROFESSIONAL EXPERIENCE • Long Range Planning Manager December 2011 to present • Planner III,Long Range Division October 2008 to December 2011 • Planner II,Long Range Division September 2008 to October 2008 City of Clearwater, FL Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community Development Codes by Ordinance. Prepare staff reports for the City Council and Community Development Board. Responsible for providing informational assistance to the public and developers concerning development plans. Coordinate and manage various projects. Serve as the city's representative on countywide and regional planning agency committees. • Senior Planner February 2007 to September 2008 City of St. Pete Beach, FL Implemented new legislative directives for Florida's growth management laws related to governments' comprehensive planning and land development regulations. Served as staff to the City Commission, Planning Board and Historic Preservation Board. Administered the land development regulations, processed future land use plan amendments and rezonings. Responsible for the preparation of special area plans. • Environmental Specialist III August 2005 to February 2007 Florida Department of Environmental Protection, Tallahassee, FL Served as primary reviewer of local government comprehensive plan amendments, sector plans and evaluation and appraisal reports for the northwest region of Florida. Provided comments and recommendations to the Florida Department of Community Affairs. DraBed policies and comprehensive plan language regarding natural resource protection, assisting local government representatives. EDUCATION Master's Degree in Urban and Regional Planning,Florida State University,2006 Bachelor of Science in Design and Environmental Analysis,concentration in Gerontology, Cornell University, 1998 LICENSES AND ASSOCIATION MEMBERSHIPS American Institute of Certified Planners(2009 to Present) American Planning Association(2003 to Present) Florida Chapter(2005 to Present) New York Metro Chapter(2003 to 2005)