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Ord 48-05 ( " /,\ ORDINANCE NO. 48-05 AN ORDINANCE OF 1HE CIlY COMMISSION OF 1HE CI1Y OF DELRA Y BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CIlY OF DELRA Y BEACH, FLORIDA, BY AMENDING APPENDIX "A", "DEFINITIONS", BY REPEALING THE DEFINITION OF "RESIDENTIAL LICENSED SERVICE PROVIDER", IN ITS ENTIRElY AND ENACTING A NEW DEFINITION FOR "RESIDENTIAL LICENSED SERVICE PROVIDER" IN ORDER TO PROVIDE A MORE CONSISTENT DEFINITION OF SAME AND ENACTING A NEW DEFINITION FOR ''PREVENTION EDUCATION SERVICE PROVIDERS" AND AMENDING SECTION 4.3.3(D), "RESIDENTIAL AND NON-RESIDENTIAL LICENSED SERVICE PROVIDER FACILITIES", IN ORDER TO EXCLUDE THOSE LICENSED SERVICE PROVIDERS THAT ARE LICENSED UNDER CHAPTER 397 FOR THE SOLE PURPOSE OF PROVIDING PREVENTION AS DEFINED BY SECTION 397.311(18)(g), FLA. STAT.; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dekay Beach desires to have consistent definitions of Residential Licensed Service Providers throughout the City's Land Development Regulations and its Appendix of Definitions; and WHEREAS, the City Commission of the City of Dekay Beach desires to be proactive and encourage Prevention Education regarding alcohol and drug abuse; and WHEREAS, in order to help encourage Prevention Education, the City Commission of the City of Dekay Beach believes that those Licensed Service Providers that are licensed under Chapter 397, Fla. Stat. for the sole purpose of providing Prevention Education should be excluded from the definitions of Residential and Non-Residential Licensed Service Providers since Prevention Education does not involve medical treatment and is not residential in nature. NOW, THEREFORE, BE IT ORDAINED BY THE CIlY COMMISSION OF THE CIlY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS: Section 1. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Dekay Beach, Florida, is hereby amended to read as follows: I I I r /,\ II Ii Residential Licensed Service Provider shall mean a service provider or facility licensed under Chapter 397. Fla. Stat. for the purposes of providing a structured live-in environment within a non hospital setting on a 24-hours-a-day. 7 days-a-week basis. and which includes: (a) Facilities that provide room and board and treatment and rehabilitation within the primary residential facility: and (b) Facilities that are used for room and board only and in which treatment and rehabilitation activities are provided on a mandatory basis at locations other than the primary residential facility. In this case. facilities used for room and board and for treatment and rehabilitation are operated under the auspices of the same provider and licensing and regulatory requirements would apply to both the residential facility and all other facilities in which treatment and rehabilitation activities occur. Prevention Education Service Provider shall mean a service provider or facility licensed under Chapter 397. Fla. Stat. for the sole purpose of providing Prevention Education Services as defined in 397.311(18)(gt Fla. Stat. aimed at precluding. forestalling. or impeding the development of substance abuse problems in order to promote responsible personal and social growth of individuals and families toward full human potential. Section 2. That Section 4.3.3(D), "Residential and Non-Residential Licensed Service Provider Facilities", of the Land Development Regulations of the City of Dekay Beach, Florida, is hereby amended to read as follows: (D) Residential and Non-Residential Licensed Service Provider Facilities: Unless I otherwise specified, the following provisions apply to Residential Licensed Service Provider Facilities. Non-Residential Licensed Service Provider Facilities are considered medical I offices for purposes of zoning classification and regulation Prevention Education Service Providers as defined in Appendix "A" are separate entities and are excluded from this section. (1) "Residential Licensed Service Provider Facility": Shall mean a service provider or facility licensed under Chapter 397. Fla. Stat. for the purposes of tMt providesing a structured live-in environment within a non hospital setting on a 24-hours-a- I day, 7-days-a-week basis, and which includes: (a) Facilities that provide room and board and treatment and rehabilitation within the primary residential facility; and 2 ORDINANCE NO. 48-05 ( -- " \, (b) Facilities that are used for room and board only and in which treatment and rehabilitation activities are provided on a mandatory basis at locations other than the pnmary residential facility. In this case, facilities used for room and board and for treatment and rehabilitation are operated under the auspices of the same provider, and licensing and regulatory requirements would apply to both the residential facility and all other facilities in which treatment and rehabilitation activities occur. I Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the I crt='- day of - .J \ lb ' 2005. ~~R~ ATTEST: ,~ \.ù~Çf\i)t1~ ACTING CIlY CLERK First Reading C'\~/o c:;,/.:::x:1n S Second Reading a~' q/ ~ 3 ORDINANCE NO. 48-05 MEMORANDUM TO: MAYOR AND CIlY COMMISSIONERS FROM: CITY MANAGER orI1 SUBJECT: AGENDA ITEM # \ a \:-\ - REGULAR MEETING OF ]UL Y 19, 2005 ORDINANCE NO. 48-05 (SECOND READING/SECOND PUBLIC HEARING) DATE: JULY 15, 2005 This ordinance is before Commission for second reading and second public hearing for a City initiated amendment to Land Development Regulations (LDR), 4.3.3(D), "Residential and Non-Residential Licensed Service Provider Facilities", and Appendix "A", "Definitions", regarding Prevention Education Service Providers. The current definition of Residential Licensed Service Providers in illR 4.3.3(D) is inconsistent with the definition in Appendix "A", "Definitions". To have consistent definitions of Residential Licensed Service Providers throughout the LDR's and the Appendix, and to encourage prevention education regarding alcohol and drug abuse; Licensed Service Providers that are licensed under Chapter 397, Florida Statutes for the sole purpose of providing prevention education should be excluded from the definitions of Residential and Non-Residential Licensed Service Providers, since prevention education does not involve medical treatment and is not residential in nature. This exclusion would only apply to Licensed Service Providers that are licensed under Chapter 397 for the sole purpose of providing prevention as defined by Section 397.311 (18)(g), Florida Statutes. The Planning and Zoning Board held a public hearing at its meeting of June 20, 2005. There was no public testimony regarding the proposed changes. After discussing the amendment, the Board voted 7- o to recommend to the City Commission approval of the proposed amendment, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) (Amendment to Land Development Regulations). At the first reading on July 5, 2005. the City Commission passed Ordinance No. 48-05. Recommend approval of Ordinance No. 48-05 on second and final reading. s:\Ctty Clerk\agenda rnemos\Ord 48-05 LDR 4330 Prevenbon Educabon Sen'1ce Provtders 071905 fti " 1 CITY COMMISSION DOCUMENTATION I] , - --- TO: THRU: OF PLANNING AND ZONING FROM: LO, ASSISTANT PLANNING DIRECTOR SUBJECT: MEETING OF JULY 5, 2005 CITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3(D) AND APPENDIX "A" DEFINITIONS REGARDING PREVENTION EDUCATION SERVICE PROVIDERS. II BACKGROUND I ANALYSIS II The current definition of Residential Licensed Service Providers found in LOR Section 4.3.3(0) is inconsistent with the definition in Appendix "A" Definitions. The desire is to have consistent definitions _ of Residential Licensed Service Providers throughout the City's Land Development Regulations and its Appendix of Definitions. A proactive approach to prevent alcohol and drug abuse is needed; therefore the City encourages Prevention Education regarding alcohol and drug abuse. In order to help encourage Prevention Education, those Licensed Service Providers that are licensed under Chapter 397, Fla. Stat. for the sole purpose of providing Prevention Education should be excluded from the definitions of Residential and Non-Residential Licensed Service Providers since Prevention Education does not involve medical treatment and is not residential in nature. This exclusion would only apply to licensed service providers that are licensed under Chapter 397 for the sole purpose of providing prevention as defined by Section 397.311 (18)(g), Florida Statutes. Pursuant to LOR Section 2.4.5(M)(5), approval of an LOR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The proposed LOR amendment provides clarification to the existing ordinance. While the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. I PLANNING ANDZONING'BOARD CONSIDERAtION ~ At its meeting of June 20, 2005, the Planning and Zoning Board held a public hearing regarding the amendment. There was no public testimony regarding the proposed changes. After discussing the amendment, the Board voted 7-0 to recommend to the City Commission approval of the proposed amendment, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. II RECOMMENDED ACTION II Approve on first reading the ordinance amending Land Development Regulations Section 4.3.3(0) and Appendix "A" Definitions regarding Prevention Education Service Providers, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, with second reading to occur on July 19, 2005. Attachments: Proposed Ordinance \Q~ City Commission Documentation LDR Text Amendment -Definition of Prevention Education Service Providers Page 2 ORDINANCE NO. 48-05 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 "An, "DEFINITIONS", BY REPEALING THE DEFINITION OF "RESIDENTIAL LICENSED SERVICE PROVIDER", IN ITS ENTIRETY AND ENACTING A NEW DEFINITION FOR "RESIDENTIAL LICENSED SERVICE PROVIDER" IN ORDER TO PROVIDE A MORE CONSISTENT DEFINITION OF SAME AND ENACTING A NEW DEFINITION FOR "PREVENTION EDUCATION SERVICE PROVIDERS" AND AMENDING SECTION 4.3.3(D), "RESIDENTIAL AND NON-RESIDENTIAL LICENSED SERVICE PROVIDER FACILITIES", IN ORDER TO EXCLUDE THOSE LICENSED SERVICE PROVIDERS THAT ARE LICENSED UNDER CHAPTER 397 FOR THE SOLE PURPOSE OF PROVIDING PREVENTION AS DEFINED BY SECTION 397.311(18)(g), FLA. STAT. ; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to have consistent definitions of Residential Licensed Service Providers throughout the City's Land Development Regulations and its Appendix of Definitions; and WHEREAS, the City Commission of the City of Delray Beach desires to be proactive and encourage Prevention Education regarding alcohol and drug abuse; and WHEREAS, in order to help encourage Prevention Education, the City Commission of the City of Delray Beach believes that those Licensed Service Providers that are licensed under Chapter 397, Fla. Stat. for the sole purpose of providing Prevention Education should be excluded from the definitions of Residential and Non-Residential Licensed Service Providers since Prevention Education does not involve medical treatment and is not residential in nature. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: Residential Licensed Service Provider shall mean a service provider or facilitv licensed under Chapter 397. Fla. Stat. for the purposes of providinQ a structured live-in environment within a non hospital settinQ on a 24-hours-a-dav. 7 davs-a-week basis. and which includes: City Commission Documentation LDR Text Amendment -Definition of Prevention Education Service Providers Page 3 (a) Facilities that provide room and board and treatment and rehabilitation within the primary residential facility: and (b) Facilities that are used for room and board only and in which treatment and rehabilitation activities are provided on a mandatory basis at locations other than the primary residential facility. In this case. facilities used for room and board and for treatment and rehabilitation are operated under the auspices of the same provider and licensinq and requlatorv requirements would apply to both the residential facility and all other facilities in which treatment and rehabilitation activities occur. Prevention Education Service Provider shall mean a service provider or facility licensed under Chapter 397, Fla. Stat. for the sole purpose of providinq Prevention Education Services as defined in 397.311(18)(q). Fla. Stat. aimed at precludinq, forestallinq, or impedinq the development of substance abuse problems in order to promote responsible personal and social qrowth of individuals and families toward full human potential. Section 2. That Section 4.3.3(0), "Residential and Non-Residential Licensed Service Provider Facilities", of the Land Development Regulations of the City of Delray Beach, Florida, is hereby amended to read as follows: (D) Residential and Non-Residential Licensed Service Provider Facilities: Unless otherwise specified, the following provisions apply to Residential Licensed Service Provider Facilities. Non-Residential Licensed Service Provider Facilities are considered medical offices for purposes of zoning classification and regulation Prevention Education Service Providers as defined in Appendix "A" are separate entities and are excluded from this section. (1 ) "Residential Licensed Service Provider Facility": Shall mean a service provider or facility licensed under Chapter 397. Fla. Stat. for the purposes of tRat providesinq a structured live-in environment within a non hospital setting on a 24- hours-a-day, 7-days-a-week basis, and which includes: (a) Facilities that provide room and board and treatment and rehabilitation within the primary residential facility; and (b) Facilities that are used for room and board only and in which treatment and rehabilitation activities are provided on a mandatory basis at locations other than the primary residential facility. In this case, facilities used for room and board and for treatment and rehabilitation are operated under the auspices of the same provider, and licensing and regulatory requirements would apply to both the residential facility and all other facilities in which treatment and rehabilitation activities occur. City Commission Documentation LDR Text Amendment -Definition of Prevention Education Service Providers Page 4 Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2005. MAYOR ATTEST: CITY CLERK First Reading Second Reading CC', G(j¡to ({U;u1J/ CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS BY AMENDING APPENDIX II A", IIDEFINI- TlONS", BY REPEALING THE DEFINITION i OF IIRESIDENTlAL LICENSED SERVICE <:r 0 (') '" PROVIDER", IN ITS ENTIRETY AND ENACT- => CD ~ n ING A NEW DEFINITION FOR IIRESIDEN- 0 3 . TIAL LICENSED SERVICE PROVIDER" IN '" 0 (') Þ> ORDER TO PROVIDE A MORE CONSISTENT . ::D ~ 0 ~ c DEFINITION OF SAME AND ENACTING A !e. ~ '" NEW DEFINITION FOR IIPREVENTION EDU- CD Þ> (') ~ CATION SERVICE PROVIDERS" AND z <11 :¡; en I AMENDING SEalON 4.3.3(D), IIRESIDEN- š: 0 => c. TIAL AND NON-RESIDENTIAL LICENSED \~ c: SERVICE PROVIDER FACilITIES" .:< ~ ~ '" The City CommissIon of the City of Delray Beach, Florida, proposes to adopt the following 0 0 U1 ordinance' . en ORDINANCE NO 48-05 AN ORDINANCE OF THE CIlY COMMISSION OF THE CITY OF DElRAY BEACH, FLORI- DA, AMENDING THE lAND DEVElOPMENT REGULATIONS OF THE CITY OF DElRAY BEACH, FLORIDA, BY AMENDING APPENDIX 'A', 'DEFINmONS', BY REPEALING THE DEFINITION OF 'RESIDENTIAL LICENSED SERVICE PROVIDER", IN ITS ENTIRETY AND ENAŒNG A NEW DEFINITION FOR 'RESIDENTIAL LICENSED SERVICE PROVIDER" IN ORDER TO PROVIDE A MORE CONSISTENT DEFINITION OF SAME AND ENAŒNG A NEW DEFINITION FOR 'PREVENTION EDUCATION SERVICE PROVIDERS' AND AMEND- ING SEŒON 4.3 3(D), "RESIDENTIAL AND NON-RESIDENTIAL LICENSED SERVICE PROVIDER fACIlITIES", IN ORDER TO EXCLUDE THOSE LICENSED SERVICE PROVIDERS THAT ARE LICENSED UNDER CHAPTER 397 FOR THE SOLE PURPOSE OF PROVIDING PREVENTION AS DEFINED BY SEŒON 397 311 (l8)(~ FLA STAT; PROVIDING A SAV- ING CLAUSE, A GENERAL REPEAlER CLAUSE, AND A EFFEŒVE DATE The City Commission will conduct two 12) Public Heari~s for the purpose of oc~ting p'ub- lic testim0Jr.~rd~ 8sed ordinance. The 'rst Public Hearing will be he ( on TUESDAY. LY 2 AT 7 P.M. in the Commission Chambers at;::r Hall, lOON W. 1 st Avenue, ray ,F' a If the fši-O )OSEKI ordinance is pas an first reading, a second Public Hearing will be held on 1U SDAY, JULY 19. 2005. AT 7:00 P.M. (or at any continuation of such meeti~ which is set by the Commission) In the Commission Chambers at City Hall, lOON W. 1 st venue, Delray Beach, florida. All interested citizens are Invited to attend the public hearin~ comment unn the pro- posed ordinance or submit their commenls in writing on or the date 0 these hear- Infr to the Plannin~ and Zoning Department. for fUrther informohon or to obtain a H:m: o íhe proposed or ¡nance, please contact the Planning and Zoning Deparhnent, CIty, Hal, 100 N.W. 1st Avenue, Delray Beach, Flonda 33444 (emall at pzmail@lIs:delraybeach com) or by calli1c 561 /243-7040~ between the hours of 8'00 a.m and '00 pm, Monday through Fri ay, excluding holi ays PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAl ANY DECISION MADE BY THE CIlY COMMISSION WITH RESPEG TO ANY MATTER CONSIDERED AT THESE HEAR- INGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CIlY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F S 286 0105 CIlY OF DElRAY BEACH Chevelle D. Nubin City Clerk . - l' .' ~. "'1) PUBLISH: Mo~~, Ju~e 21, 2005 , . Monday, Ju~ 11, 2005 Boca Raton Delray Beach News Ad# NS06051 02 ce -. (}{.tw(~ CITY OF DElRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE lAND DEVELOPMENT REGULATIONS BY AMENDING APPENDIX II A", IIDEFINI- TlONS", BY REPEALING THE DEFINITION OF IIRESIDENTIAl LICENSED SERVICE PROVIDER", IN ITS ENTIRETY AND ENACT- 1NG A NEW DEFINITION FOR IIRESIDEN-' ,þo TIAl LICENSED SERVICE PROVIDER" IN ~ ORDER TO PROVIDE A MORE CONSISTENT f DEFINITION OF SAME AND ENACTING A I NEW DEFINITION FOR IIPREVENTION EDU- I CATION SERVICE PROVIDERS" AND i' I AMENDING SEOION 4.3.3(D), IIRESIDEN- f TIAl AND NON-RESIDENTIAL LICENSED ~ SERVICE PROVIDER FACILITIES" ~ N The. City Commission of the City of Delroy Beach, Floñdo, proposes 10 adopt the following g ordinance: . ORDINANCE NO 48-05 I AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DElRAY BEACH, FlORI- §" DA, AMENDING THE lAND DEVELOPMENT REGULATIONS OF THE CITY OF DElRAY ~ BEACH, FLORIDA, BY AMENDING APPENDIX "A", "DEFINITIONS", BY REPEAUNG THE CD DEFINITION OF "RESIDENTIAL UCENSED SERVICE PROVIDER", IN ITS ENTIRETY AND ~ ENACTING A NEW DEFINITION FOR "RESIDENTIAL UCENSED SERVICE PROVIDER" IN g ORDER TO PROVIDE A MORE CONSISTENT DEFINITION OF SAME AND ENACTING A 3 NEW DEFINITION FOR "PREVENTION EDUCATION SERVICE PROVIDERS" AND AMEND- ING SECTION 4 3 3(D), "RESIDENTIAL AND NON-RESIDENTIAL UCENSED SERVICE PROVIDER FACILITIES", IN ORDER TO EXCLUDE THOSE UCENSED SERVICE PROVIDERS THAT ARE UCENSED UNDER CHAPTER 397 FOR THE SOLE PURPOSE OF PROVIDING PREVENTION AS DEFINED BY SECTION 397.311(18)(g), FLA STAT, PROVIDING A SAV- ING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE The City Commission will conduct two (2) Public Hearings for the purpose of accepting p'ub- lic testimo~rd~ the ~roposed ordinance The hrst Publoc Hearing will œ helël on TUESDAY. Y 2 . J': P. in the Commission Chambers at Ci Hall, 100 N W. 1 st Avenue, ray Beac~ o~F the roposed ordinance is poss;:r on first reading, a second Public Hearing will be held on DAY 1 AT P. (or at any continuation of such meeting which is set y e Commission) in e Commission Chambers at City Hall, lOON. W. 1 st Avenue, Delray Beach, Florida . All interested citizens are inVited 10 attend the public hearongs and comment Up<?" the pro- posed ordinance or submit their comments in wñting on or before the date at these hear- In.9s 10 the Planning and Zoning Depar1ment For fürther infonnation or 10 obtain a CI:>P.[ ot -the proposed ordinance, please contact the Planning and Zoning Department, City Hal , 100 N.W 1st Avenue, Delray Beach, Florida 33444 (emaíl al pzmoil@mvdelraybeach com) or by call1n9 561/243-7040)( between the hours of 8:00 a.m and Š:OO p.m , Monday through Friday, excluding holoaays PlEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION wm; RESPECT TO ANY MATTER CONSIDERED AT THESE HEAR- INGS, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PURSUANT TO F.S 2860105. CITY OF DElRAY BEACH Chevelle D. Nubin City derk PUBUSH: Monday, June 27, 2005 . Monday, July 11, 2005 Boca Raton/Delroy Beach News Ad# NS0605102