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PLANNING AND ZONING BOARD
STAFF REPORT
MEETING OF: December 19, 2016
AGENDA NO. VIII.B.
AGENDA ITEM: Recommend to the City Commission to adopt the proposed City-
initiated amendments to the LDRs, by Appendix “A” Definitions to
update the definitions of “Medical Office”, “Non-Residential
Licensed Service Provider”, and “Residential Licensed Service
Provider”, and delete the obsolete definition of “Substance Abuse”.
ITEM BEFORE THE BOARD
The action before the Board is a recommendation to the CityCommission to adopt the
proposed City-initiated amendments to the LDRs updating the Definitions as presented
in the attached ordinance.
BACKGROUND AND AMENDMENT DESCRIPTION
The proposed amendments are City-initiated to update the definitions of “Medical
Office”, “Non-Residential Licensed Service Provider”, and “Residential Licensed Service
Provider” to be consistent with recent changes in state law and delete the obsolete
definition of “Substance Abuse”.
The Florida Statute section numbers for definitions were changed and additional
definitions for Residential Treatment Levels 1 through 5 were added. The proposed
amendments reflect these changes.
REQUIRED FINDINGS
LDR Sections 1.1.6 and 2.4. 5(M)(5)(Findings): at a public hearing, the City Commission
must make a finding that the text amendment is consistent with the Comprehensive
Plan based upon a recommendation from the Planning and Zoning Board.
The purpose of the proposed amendment is to maintain and update the LDRs. A
positive finding can be made that the amendments are consistent with the
Comprehensive Plan.
ALTERNATIVE ACTIONS
A. Move to continuewith direction.
Planning and Zoning Board Staff Report of December 19, 2016
Definitions Updates – Proposed LDR Amendments
B. Move a recommendation of approval to the City Commission to adopt the
proposed City-initiated LDR amendment as provided in the attached Ordinance
No. 02-17, 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 to adopt the proposed
City-initiated LDR amendment as provided in the attached Ordinance No. 02-17,
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).
RECOMMENDED ACTION
Recommend to the City Commission to adopt the proposed City-initiated LDR
amendment as provided in the attached Ordinance No. 02-17, 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:
Ordinance No. 02-17: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS, BY AMENDING APPENDIX “A”, “DEFINITIONS”, TO PROVIDE
UPDATED DEFINITIONS FOR “MEDICAL OFFICE”, “NON-RESIDENTIAL LICENSED
SERVICE PROVIDER”, “RESIDENTIAL LICENSED SERVICE PROVIDER”, AND
DELETING THE OBSOLETE DEFINITION OF “SUBSTANCE ABUSE”; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
S:\\Planning & Zoning\\CODE & LDR AMENDMENTS\\2017-016-LDR-CCA- Reasonable Accommodations\\PZB staff report Dec 19 2016 - Definitions Update.doc
2
City of Delray Beach 100 N.W. 1st Avenue
Delray Beach, FL 33444
Legislation Text
File #:17-095,Version:1
TO: Mayor and Commissioners
FROM: Timothy Stillings, Planning, Zoning & Building Director
THROUGH: Chief Neal de Jesus, Interim City Manager
DATE: January 24, 2017
ORDINANCENO.02-17:ANORDINANCEOFTHECITYCOMMISSIONOFTHECITYOF
DELRAYBEACH,FLORIDA,AMENDINGTHELANDDEVELOPMENTREGULATIONS,BY
AMENDINGAPPENDIX“A”,“DEFINITIONS”,TOPROVIDEUPDATEDDEFINITIONSFOR
“MEDICALOFFICE”,“NON-RESIDENTIALLICENSEDSERVICEPROVIDER”,“RESIDENTIAL
LICENSEDSERVICEPROVIDER”,ANDDELETINGTHEOBSOLETEDEFINITIONOF
“SUBSTANCEABUSE”;PROVIDINGASAVINGCLAUSE,AGENERALREPEALERCLAUSE,AND
AN EFFECTIVE DATE. (SECOND READING)
Recommended Action:
Motion to Approve Ordinance No. 02-17 on Second Reading, as presented.
Background:
TheproposedamendmentsareCity-initiatedtoupdatethedefinitionsof“MedicalOffice”,“Non-
ResidentialLicensedServiceProvider”,and“ResidentialLicensedServiceProvider”tobeconsistent
with recent changes in state law and delete the obsolete definition of “Substance Abuse”.
TheFloridaStatutesectionnumbersfordefinitionswerechangedandadditionaldefinitionsfor
ResidentialTreatmentLevels1through5wereadded.Theproposedamendmentsreflectthese
changes.
City Attorney Review:
Approved as to form and legal sufficiency.
Finance Department Review:
N/A
Funding Source:
N/A
Timing of Request:
N/A
City of Delray BeachPage 1 of 1Printed on 4/14/2017
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