Ord 28-09ORDINANCE NO. 28-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY AMENDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", SUBSECTION {I},
"COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES' ; TO
UPDATE THE SECTION TO COMPORT WITH CHANGES IN
STATE LAW; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed
text amendment at a public hearing held on May 18, 2Q09, 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
WHEP:EAS, the Gity Commission of the City of Delray Beach desires to update the references in the
LDRs to eompaxt with state law; and
WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with
the goals, policies, and objectives of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
ection 1, That the recitations set forth above are incorporated herein.
Section 2. That Section 4.3.3, "Special Requirements far Specific Uses", Subsection (I},
"Community Residential Haines and Group Homes", of the Land Development Regulations of the Cade of
Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows:
(I} Community Residential Homes and Groub Homes:
(1} Purpose: The purpose of this section is to provide for the health, safety,
welfare, and shelter in sound housing of residents of Community Residential Homes and Group
Homes and residents of the City who are in need of such facilities while assuring compatibility of these
facilities with surrounding areas.
(2} A.~plicability: This section shall be applicable but not limited to Community
Residential Homes and Group Homes which constitute a new facility or a modification of an existing
lawful facility which increases the floor area or the permitted number of residents. This section does
not include foster homes; assisted living facilities; continuing care facilities; abused spouse residences;
child care facilities; adult day care facilities; nursing homes;
nor licensed service providers facilities as regulated in LDR Section
4.3.3(D}.
(3} Definitions:
(a} Resident: The term "resident" for a community residential home or
group home means any of the following pursuant to the Florida Statutes:
1. A frail elder as defined in Section 4E19:Er1•`S 429.65. Fla. Stat.;
2. A physically disabled or handicapped person as defined in
Section "760.2~(7}(a}, Fla. Stat.;
3. A developmentally disabled person as defined in Section
393.063(12}. Fla. Stat.;
4. A nondangerous mentally ill person as defined in Section
394.455 {18}, Fla. Stat.; or,
A child as defined in Section 39.41 {14}, Section 984.03(9} or
{12}, or Section 985.03{8}„ Fla, Stat.
{b} Community Residential Horne: The term "Community Residential
Home" means a dwelling unit licensed to serve clients of the
Department of Elderlv Affairs, the A~encv for Persons with Disabilities.
the Department of ~uvenile ustice; or Department of Children and
Family Services, or a dwelling unit licensed by the Agency for Health
Care Administration, which provides a living environment far 7 to 14
unrelated residents who operate as the functional equivalent of a family,
including such supervision and care by supportive staff as may be
necessary to meet physical, emotional, or social needs of the residents.
(c} Groun Horne: The term "Group Horne" means a home, andf or a
building or part thereof, or group of buildings, which has either less than
seven _('71 residents or more than fourteen ~,14~ residents and which is
2 C>RD. NU. 28-09
licensed to serve clients of the Department of Elderly Affairs the
Agency for Persons with Disabilities, the Dejt~artment of Juvenile Justice
Department of Children and Families. or the Agencv for Health Care
Administration. i9-Z[e~rEvzrs3ea-`ce-~ ~-elrer,~r~-6=--tn~--F~~~
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Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are
hereby repealed.
Section 6. That this ordinance shall become effective immediately upon its passage on second and
final reading. ~~
PASSED AND ADOPTED in regular session on second and final reading on ~ the day of
, 2009.
ATTEST MAY O
y
City Clerk
First Readin ~ ~ ~'~'~
Second Readin ~~~~
3 ORD. NO. 2$-09
Page 1 of 1
~EMaRaNDV~
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: June 23, 2009
SUBJECT: AGENDA ITEM 10.8. - REGULAR COMMISSION MEETING OF JULY 7 2009
ORDINANCE N0.28-04 I,SECOND READIlYGlSECOND PUBLIC IIEARINGI
ITEM BEFC}F~E COMMISSIQN
This ordinance is before Commission for second reading and second public hearing to consider acity-
initiated amendment to the Land Development Regulations (LDR), Section 4.3.3, °°Special
Requirements far Specific Uses", Subsection (I), "Community Residential Homes and Group Homes",
to update the section to comport with changes in State Law.
BACKGRQUND-
At the first reading on June 2, 2009, the Commission passed Ordinance No. 28-09.
RECOMMENDATIiJN
Recommend approval of Ordinance No. 2-09 on second and final reading.
http:l/www.mydelraybeach.comlAgendasJBluesheet, aspx?ItemID-2325 &MeetingID=211 7/6/2009
Page 1 of 1
MEMC}RANDUM
TO: Mayor and City Commissioners
FROM: PAUL DORLING, AICP, DIRECTOR PLA~2~TNING AND ZONING
MARK MCDONNELL, AICP, ASST. DIRECTOR PL~?.I~NING AND ZOI~IING
THROUGH: CITY MANAGER
DATE: May 27, 2009
SUBJECT: AGENDA ITEM 10.G. -REGULAR CClMMISSION MEETING OF JUNE 2, 2009
QRDINANCE NU, 28-09 (FIRST READINGIFIRST I'UBLIC_HEARINGI
ITEM BEFORE COMMISSION
Consideration of acity-initiated amendment to the Land Development Regulations (LDRs} that will
update various state statutory and state licensing agency references in the LDRs,
BACKGROUND
The proposed ordinance is administrative in nature and is an amendment that merely updates the City's
LDRs to be consistent with state law. Following are specific highlights of the amendment:
The term licensed service providers replaces the current terms convalescent homes, homes for the
aced, and alcohol and drums? treatmen..t facilities.
Both terms Community Residential Home and Group Home are expanded to include specific
reference to the Department of Elderly Affairs, the Agency far Persons with Disabilities, the
Department of Juvenile Justice, and a dwellinu unit licensed b ty he Agency for Health Care
Administration.
REVIEW BY OTHERS
The text amendment was considered by the Planning and Zoning Board on May 18, 2009. The Board
unanimously recommended approval on a 5 to 0 vote (Glickstein and Dowd absent}, by adopting the
findings of fact and law contained in the staff report and finding that the amendment is consistent with
the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M} of the Land Development
Regulations.
RECC-MMENDATION
By motion, recommend approval on first reading Ordinance No. 28-09 for achy-initiated amendment to
the Land Development Regulations, by adopting the findings of fact and law contained in the staff
report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set
forth in Section 2.4.5(M} of the Land Development Regulations.
http:llmiweb0011AgendaslBluesheet.aspx?ItemID=2253~MeetinglL)=208 6123!2009
ORDINANCE NO.28-09
AN ORDINANCE OF THE CITY COMIYItSSION OF THE CITY OF
DELRAY BEACH, FLORIDA, t?-I~~ENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, BY 1?-IV~NDING SECTION 4.3.3, "SPECIAL
REQUIREMENTS FOR SPECIFIC T!SES", SUBSECTION (I),
"COMM1[NTY RESIDENTIAL HOMES A,ND GROUP HOMES"; TO
UPDATE THE SECTION TO COMPORT WITH CHANGES IN
STATE LAW; PROVIDING A SAVING C;ZAUSE, A GENERAL
REPEALER CLAUSE,I~ND AN EFFECTIVE DATE.
V'Jl~EREAS, pursuant to LDR Section 1,1.6, the P1~rrming and Zoning Board reviewed the proposed
text amendmexrt at a public hearing held on Niay 18, 2009, and voted 5 to 4 to recorrurend that the changes be
'N~I~REAS, pursuant to Florida Statute 163.3174{4}{c), the Pl~ulnulg and Z~ Board, sitting as the
Local Plcnrring ~?-g~ncy, has determined that the change is consistent with and fiatirthers the goals, objectives and
policies of the Corr~3rehensive Plan; and
V'VI~ RE AS, the City Commission of the City of Delray Beach adopts the findings in the Planning and
Zoning Staff Report; and
W>?HREAS, the City Commission of the City of Delray Beach desires to update the references in the
LDRs to comport with state law, and
VJI-IEREAS, the City Comnssion of the City of Delray Beach finds the ordinance is consistent with
the goals, polities, and objectives of the Catxtprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CONIlVIISSION OF 'Tl•IE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
tion 1. That the recitations set forth above are incarpor~ted herein.
Section 2. That Section 4,3.3, "Special Requirements for Specific Uses", Subsection (I),
"Corrurumity Residential Homes and Group Homes", of the Land Development Re~~alations of the Cock of
Ordinances of the City of Delray Beach, Florida, be and the sarcne is hereby amended to read ~ follows:
{I) Community Residential Homes and Group Homes:
{l) P ~ ose: The purpose of this section is to provide for the health, safety,
welfare, and shelter in sound housing of residents of Community Residential Homes aril Group
Homes and resirier-ts of the City who are in treed of such facilities while assuring compatibility of tl~se
facilities with surrounding areas.
(2} Analicability: This section shall. be applicable but not limited to Carrunuruty
Residential Names and Group Names v~,~tich constitute a new facility or a modification of an existing
la~~ful facility ~,~tich increases the floor area or the peamitted number of residents. This section does
not include foster homes; assisked living facilities; continuing care facilities; abused spouse residences;
child care facilities; adult day care facilities; nursing homes;
nor lice~zseci service providers faalities as x~'gulated in LDR Section
4.3.3(D}.
(} T}e~nitions:
(a} Resident: The term "resident" far a carrurtunity resdential horre ar
group name means any of the following pursuant to the Florida Stat~.rtes;
1. A frail elder as defined in Section 499:6~:g 429.65, Fla. Stat.;
2. A physically disabled or handic~~rped person as clefirted in
Section 760.22(7}{a),~Fla. Stag;
3. A c~velapn~eritally disabled person as defined in Section
393.063{12} F ~. S ~;
4. A nond~:~gerous m~ta~lly ill person as defined in Section
394.455 (1$)= Fia. Stag; or,
5. A child as defined. in Section 39.01(14), Section 9$4.03(9) ar
(12}, ar Section 9$5.03{$)~Fla. Stat.
(b) Camrnunity Residential Horne: The term "Conununity Residential
Home" means a dwelling unit licer~ssed to serve clients of the
Defiartment of Elderly Affairs~i^he p'~~~ for Persons with Disabilities.
the D ,,. ~er-t o~uvenile Justice; or Departmerrt of Children and
Family Services, or a dwelliri~ unit licensed b~,_the A-~;~~ fc~r Health
Care Administration, which provides a living environmerrt for 7 to 14
uru~elated resit who operate as the functional equivalent of a family,
including st~h supervision and care by supportive staff as may be
necessary to meet phy~ca> f errotional, or spacial needs of the t~iclents.
(c} Group Home: The term "Group Home" means a home, and/or a
building or part tl~err~eaf, ar group of buildings, which has either less than
2 CARD. NO. 26-09
AC~~ItlintstTatlOn. 36-i~-~32E',~.~-`,~ ~- :~cr~c---~."'.t:'""#," ,•~ ''1,,, ~ivi
l
S_~on 4. That shocild any section or provision of this or~~in~ee or any portion thereof, any
paragraph, sentence, or tiwrd be ~~ by a court of competent jurisdiction to be invalid, stash decision shall.
not affect the validity of the rer7tainder hereof as a whole or part thereof otl~r than the part declared to be
invalid
_5.~ction 5. That all on~inances or parts of ordiruuices in conflict herewith be, and the satr~e are
hereby rE;pealed
Section 6, That this ordinance shall.. become effective imrrtediately upon its pas.5a,~e on second and
final reading
PASSED ~ ADOPTED in z~;gular session on second and final rt:~tdrng on tl~tis the day of
2009.
ATTEST
MAYOR
City Clerk
First Readirre
Second Readir7g
3 ORD, NO. 25-09
PLANNING AND ZONING BOARD STAFF REPORT
MEETING DATE: MAY 18, 2009
AGENDA NO: Y.C.
AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS {LDR}, BY AMENDING SECTION 4.3.3,
"SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (I},
"COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES"; TO UPDATE
THE SECTION TO COMPORT WITH CHANGES IN STATE LAW.
ITEM BEFORE THE BOARD
The item before the Board is to make a recammendatian to the City Commission regarding acity-
initiated amendment to Land Development Regulations {t_DRs} that will update various state
statutory and state licensing agency references in the LDRs.
Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may
not be made until a recommendation is obtained from the Planning and Zoning Board.
BACKGROUND/ANALYSIS
The proposed ordinance is administrative in nature and is an amendment that merely updates the
City's LDRs to be consistent with state law. Fallowing are specific highlights of the amendment:
^ The term licensed service providers replaces the current terms convalescent homes,
homes for the aped, and alcohol and drug treatment facilities.
^ Both terms Community Residential Home and Group Home are expanded to include
specific reference to the Department of Elderly Affairs, the Agency for Persons with
Disabilities, the Department of Juvenile Justice, and a dwelling unit licensed by the Agency
for Health Care Administration.
REQUIRED FINDINGS
Cornc~rehensive Plan Confarrnance
LDR Section 2.4.5(M}(5} {Findings) requires that the City Commission make a finding that the text
amendment is consistent with and furthers the Goals, Objectives and Policies of the
Comprehensive Plan.
A thorough review of the Comprehensive Plan was conducted and although no specific goal or
objective relates to the proposed ordinance, it is Hated that the ordinance is not inconsistent with
the Comprehensive Plan.
Planning and Zoning Board Meeting, May 18, 2009
LDR Amendment -Community Residential Homes and Group Homes
<.. ~ :. "REVIEW BY OTHERS
Courtesy notices were provided to the following homeowner and civic associations:
^ Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
ALTERNATIVE ACTIONS
A. Continue with direction.
B. Move a recommendation of approval to the City Commission of the amendment to Land
Development Regulations, Section 4.3.3, "Special Requirements for Specific Uses", Subsection
(i), "Community Residential Homes and Group Homes'; to update the section to comport with
changes in state law, 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 of the amendment to Land
Development Regulations, Section 4.3.3, "Special Requirements for Specific Uses", Subsection
(i}, "Community Residential Homes and Group Homes"; to update the section to comport with
changes in state law, by adopting the hndings of fact and law contained in the staff report, and
finding that the text amendment and approval thereof is inconsistent with the Comprehensive
Plan and does not meet the criteria set Earth in LDR Section 2.4,5(M) (motion to be made r`n Efts
affirmative).
RECOMMENDED ACTION
Recommend approval of the amendment to Land Development Regulations, Section 4.3.3,
"special Requirements for Specific Uses", Subsection (i}, "Community Residential Homes and
Group Homes" to update the section to comport with changes in state law, 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}
Attachment:
^ Proposed ordinance
LDF2-Community Residential and Group Homes-PZB-5-18-09
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`: ; CITY C~~ 1~~LRAY BEACH :`
NOTICE ~QF PR~}Pt~SED
:;AMENDMENTS:TO TNE=
CAND±DEVEI~O~MENT '
REOULATIQNS AND THE
GODS OF ORDINANCES.
The City Comrhission of the Cify of Delray t3each, F_ lorida,
proposes to adopt the following ordinances:.. .
Q~)iNANCE Nt}. 2'7.09 . :
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY
BEACH, FLORIDA, BY AMENDING APPENDIX.°A°, "pEFINI-
TEONS", TO .PROVIDE AN UPDATED .DEFINITION OF
FAMILY; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER GLAUSE,ANDAN EFFECTIVE DATE.
. {}RDMNAN~.N4..~~ .. .: .
,'. ..
AN (?RDINANCE C}F THE CITY GOMMiSSION OF THE CITY
OF DELRA`t BEACH, FLORIDA, AMENDING THE LAND .
DEVELOPMENT REGULATIONS OF THE GIN OF DELRAY
BEACH, BY AMENDING SECT#ON 4.3:3, "SPECIAL
REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (t},
"COMMUNITY RESIDENTIAL HOMESAND GROUP HOMES";
TO UPDAfE THE SEG1ION TO COMPORT WITH CHANGES
INSTATE LAW; PROVIDING A SAVING CLAUSE, A GENERAL
REPEALER CLAUSE,ANDAN EFFECTIVE DATE.
' t}Rp#NANGE Alt): 29-09' ` ' ' ' `'
• AN ORDINANCE OF THE GffY COMMISSION OF THE CITY
OF pELRAY BEAGH, FLORIDA, AMENDING SECTION 4.3.3,
"SPECIFIC REQUIREMENTS FOR SPECIFIC USES", BY
ENAGTING A NEW SUBSECTION 4.3.3(ZZZ}, "TRANSIENT
RESIDENTIAL USES", IN,:ORDER TO ESTABLISH PROHIBI-
TIQNS; EXEMPTiONSIEXCEPT'IONS, WAIVERS, AND
PENALTIES FOR SAME; AMENDING SECTION 4.4.6,
"MEDIUM DENSITY ' RESIDENTIAL (RM}~ DISTRICT",
SUBSECTION (B}, "PRINCIPAL USES AND STRUCTURES
PERMITTED", tN ORDER TO PROVIDE THAT TRANSIENT
RESIDENTIAL USES SHALL BE ALLOWED AS PERMITTED
USES WITHIN THE (RM} DISTRICT; AMENDING•APPENDIX
"A", "DEFINITtONS", 1N ORDER TO PROVIDE A DEFINITION
OF' °TRANSIENT RESIDENTIAL USES"; PROVIDING A'
SAUING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
GE NO.30-
AN OFtDIPtANCE OF THE CITY GOMMISSION OF THE GITY
OF pELRAY BEACH, FLORIDA, AMENDING CHAPTER 117,
"'LANDLORp PERM#TS°r OF THE CODE OF ORDiNANG~S
OF THE CITY OF. DELRAY BEACH, t3Y AMENDING~SEGTION
. 117.01,"PERMIT REQUIRED",TOCLARIFYWHENAPERMIT •:
IS REQUIRED; AMENDING SECTION 117.43, "APPROVAL.
OF APPLICATION";. TO.,PROVtDE ADDITIONAL REQUIRE-
MENTS; `AMENDING ~'SECTIDN 117.04; "APPEALS", BY
RENAMING IT "DENIAL OR REVOCATION OF PERMIT
APPLiGATiOtd; APPEALS";, AND. AMENDING. SECTION
117:05; "iNSPEGTi(}N~;. TO` PROVIDE: FOR INSPECTION
WITH A WARRANT; ENACTING A NEW SECTION 117.06,
°TENANTiOCCUPANT. 'EVICTION", TO ENSURE NOTICE
':.'::.;AND DUE P'R{}CI=SS RIGttT'SARE FOLLQWED OR {~t:TEt2-
NATE FIOUSING iS PROVIDEp; AND ENACTING A NEW
SECTION 117.07, "SEUERABILI'fY", TO PROVIDE FOR
SEUERABI3.iTY; PRO~~~tNG, A SAVING CLAUSE, Q
GENERAL REPEALER CLAUSE, ANDAN EFFECTIVE DATE:
The City Coirlmission will c6nduct twa (2} PubfC Hearings for
the purpose of atxepting public testimony regarding the
proposed ardktances. The first Public Fieanng wi8.~ held on
D Y UN . in fie` Commission
Chambers at City Hall, 100 N.W. 1st Avenue; Defray Beach,
Florida. If the proposed ordinances are passed ~ €rrst reading,
a second Public Hearing wi11 be held on TUE„~UAY. JUG 7
X09 AT 7: 0 RM. (ar at any continuation of such meeting
which is set by the Gomrrrisslon} in the CommLssion Chamt~ers
at City Ha11,100 h1.W.lstAvenue, Delray Beach, Florida..
Alt interested cltixens are invited to atkend the pubi'ro hearings
and comment upon the proposed ordinance ar submit their
comments in writing on or before the date of these hearings to
the Planning and Zoning pepartmenL For further information or
to obtain a copy of the proposed ordinance, please contact the
Planning and Zoning Department, City Hall, 100 N.W. 1st
Avenue, Defray Beach, Florida 33444 (email- at
pzmaii r~mydelraybeach.can} or by coiling 561/243-7040),
between the twurs of 8:00 a.m, and 5:t~} p.m:, Monday through
Friday, excluding hol~ays.
Please be ~lvised the If a person decides to appeal any
decision made by the City Ctattmissian with respect to any
matter considered at these hearings, suds person may need.te
ensure that a verbafim record includes the testimony and
evidence upon which the appeal is io be based. The City does
not provide nor prepare such record pursuant to ES. 286.0145.
CITY OF DEIftAY BEAGH
Chevelle D. Nut~in, CMG
City Clerk
PUBLISH: Tuesday, May 26 240g"
Thursday', July 2, 2009:
Delray Be~achtBoca Ration News; `