Ord 82-06
ORDINANCE NO. 82-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AMENDING SECTION 4.3.300,
"COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES", OF
THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF
DELRA Y BEACH, FLORIDA, BY PROVIDING THAT GROUP
HOMES, TYPE 1 SHALL NOT BE LOCATED WITHIN A RADIUS OF
1,000 FEET OF COMMUNITY RESIDENTIAL HOMES AND
CHANGING ALL REFERENCES OF OCCUPATIONAL LICENSE TO
BUSINESS TAX RECEIPTS IN ORDER TO COMPORT WITH
RECENT CHANGES IN STATE LAW; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its
Land Development Regulations in order to make them consistent with recent changes to state law;
and
WHEREAS, House Bill 351 requires that all community residential homes provide the local
government with the most recently published data compiled that identifies all community residential
homes within a 1,000 foot radius of proposed homes with six or fewer residents; and
WHEREAS, House Bill 1269 requires that all references to "Occupational Licenses" shall
be changed to "Business Tax Receipts".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.3.300, "Community Residential Homes and Group Homes",
of the Land Development Regulations of the City of Delray Beach, Florida, shall be amended to
read as follows:
(I) Community Residential Homes and Group 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) Applicability: 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 increase 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; convalescent homes, homes for the aged or nursing homes; nor alcohol and drug
abuse treatment 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 400.618;
2. A physically disabled or handicapped person as
defined in Section 760.22(7)(a);
3. A developmentally disabled person as defined ill
Section 393.063(12);
4. A nondangerous mentally ill person as defined in
Section 394.455(18); or,
5. A child as defined in Section 39.01(14), Section
984.03(9) or (12), or Section 985.03(8).
(b) Community Residential Home: The term "Community
Residential Home" means a dwelling unit licensed to serve
clients of the Department of Children and Family Services,
which provides a living environment for 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) Group Home: The term "Group Home" means a home,
and/ or a building or part thereof, or group of buildings,
which is not licensed to serve clients of the Florida
Department of Children and Families, but which otherwise
meets the definition of a Community Residential Home and
has either less than 7 residents or more than 14 residents.
2
ORD. NO. 82-06
(4) Classifications:
(a) Group Home, Type 1: A group home of not more than six
(6) unrelated residents. Such homes which satisfy the
provisions of this section shall be allowed as a permitted use
in the zoning districts as outlined in Section 4.3.300 (4)(d) ,
provided, however, that no such home shall be located
within a radius of 1,000 feet of another Type 1 group home
or a community residential home.
(b) Community Residential Home: Such homes which satisfy
the provisions of this section shall be allowed as a permitted
or conditional use in the zoning districts as outlined in
Section 4.3.300 (4) (d) , provided that such homes shall not be
located within a radius of 1,000 feet of a community
residential home or within a radius of 500 feet of a single
family residential zoning district.
(c) Group Home, Type 2: A group home which provides
lodging or related services for fifteen (15) or more unrelated
residents. Such homes which satisfy the provisions of this
section shall be allowed as a permitted or conditional use in
the zoning districts as outlined in Section 4.3.300 (4)(d),
provided however that such homes shall not be located
within a radius of 1,000 feet of a community residential home
or group home, within a radius of 500 feet of a single family
residential zoning district, or within a radius of 1,000 feet of a
public or private elementary, middle or secondary school.
(d) Community Residential Homes and Group Homes shall be
allowed as a permitted or conditional use in the following
zoning districts:
3
ORD. NO. 82-06
.......
ZONING DISTRICTS
Type of Ag, R.R., RL District RM RO, CBD, CF GC
Residence R1 OSSHAD
Group
Home, Permitted Permitted Permitted Permitted Not Permitted
Type 1 Permitted
Community
Residential Not Conditional Conditional Conditiona Conditional
Home Permitted Use Permitted Use I Use Use
Group Conditional Conditional Conditiona Conditional
Home, Not Use Permitted Use I Use Use
Type 2 Permitted
(5) Noticing and Licensing Requirements:
(a) An applicant for a community residential home must notify
the City in writing the specific address of the site, the
residential licensing category, the number of residents, and
the community support requirements of the program. The
City may review the notice submitted for compliance with
the underlying zoning district and respond pursuant to
Chapter 419.001 (3) (a) of the Florida Statutes.
(b) Group Homes shall at the time of application for City
occupational lie:ea3c business tax receipt provide evidence
that appropriate approvals or licenses from county, state, or
federal regulatory agencies have been applied for or obtained,
if any is required and they must show that no other
community residential home or group home is within a
radius of 1.000 feet of the proposed site. The occupatioasl
Heeasc business tax receipt must be renewed annually and
may only be received upon provision of proof that the facility
continues to be licensed by the State, if required, and upon
passing of City inspections.
4
ORD. NO. 82-06
(6) Development Standards:
(a) Minimum Floor Areas:
1. Community Residential Homes and Group Homes
of 4 to 14 residents require no minimum floor area
except as required by the underlying zoning district
requirements and as required by State agencies.
2. Type 2 Group Homes require a minimum floor area
for bedrooms of 80 square feet for the first permitted
resident in a bedroom with an additional 60 square
feet for each additional permitted resident in a
bedroom. There shall be a minimum of one
bathroom equipped with sink, commode, and shower
or tub per each four permitted residents.
(b) Outdoor Recreational Space: Type 2 Group Homes
located in nonresidential zone districts shall provide usable
outdoor passive recreation area of 35 square feet per resident
in addition to any required open space, landscaping, and
setback areas.
(c) Special Regulations:
1. Signage shall be pursuant to LDR Section 4.6.7.
2. Parking requirements shall be pursuant to LDR
Section 4.6.9(C).
(7) Findings of Reviewing Authority: The Planning and Zoning
Board shall not recommend approval of a Conditional Use for a Community
Residential Home or Group Home unless it is demonstrated that the home has met
all of the requirements of Section 4.3.300, including those requirements in the
specific zoning district in which the proposed home is to be located, and has
received applicable preliminary State agency approval or current State agency license
when a license is required. A recommendation of approval shall be based upon
consideration of the following factors:
(a) Homes located within residential districts shall have building
elevations, which are residential in character and similar in
appearance to the surrounding neighborhood. They shall not
be institutional in appearance as determined by the Site Plan
5
ORD. NO. 82-06
Review and Appearance Board or the Historic Preservation
Board.
(b) Homes located in a nonresidential area shall be maintained in
the general character of the surrounding area. This standard
applies to design, lot size, landscaping, and other factors
affecting the character of the area.
(c) The proposed facility shall be in conformance with the
Future Land Use Map, and Objectives and Policies of the
City's Comprehensive Plan.
(8) Distance Requirements: All distance requirements in this section
shall be measured from the nearest point of the existing home, school or area of
single-family zoning to the nearest point of the proposed Community Residential or
Group Home.
Section 2. That should any section or proVlslon of this ordinance or any portion
thereof, any paragraph, sentence, clause 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 its passage on
second and final reading.
'""'~ PASSED AND ADOPTED in regular session on second and final reading on this the
~daYOf~)~2007.
~Rl Lz..
ATTEST:
~~~4~' ~~~~~
City Clerk
First Reading \ ~\ s \ \:::,\,p
Second Reading '" ~ \~
6
ORD. NO. 82-06
MEMORANDUM
FROM:
MAYOR AND CITY COMMISSIONERS
CITY MANAGERfiV1
AGENDA ITEM # lQJ) - REGULAR MEETING OF JANUARY 2,2007
ORDINANCE NO. 82-06
TO:
SUBJECT:
DATE:
DECEMBER 28, 2006
This ordinance is before Commission for second reading for city initiated amendment to the Land
Development Regulations (LDR) amending Section 4.3.300, "Community Residential Homes and
Group Homes" to provide that a Type 1 group home shall not be located within 1,000 feet of another
Type 1 group home or a community residential home.
At the first reading on December 5, 2006, the Commission passed Ordinance No. 82-06.
Recommend approval of Ordinance No. 82-06 on second and final reading.
S:\City Clerk\AGENDA COVER MEMOS\Ordi"""ce Agenda Memos\Ord 82-06 Amend LOR See 4.3.3 (Community Residential Homes and Group Homes 01.0207 2nd reading.doc
FROM:
DAYlp T. HARDEN, CITY MANAGER
/f/1A;J.- 7/l~~ -L
P~UL Dq~~Nt.A1lli' D..IRlfcTOR OF PLANNING & ZONING
, A uJ.!.tJ< ;1tp1~
ROt:.l~LD R. H GG :.JP...rCp, PRINCIPAL PLANNER
MEETING OF DECEMBER 5, 2006
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRS) AMENDING SECTION 4.3.3(1),
"COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES" TO PROVIDE
THAT A TYPE 1 GROUP HOME SHALL NOT BE LOCATED WITHIN 1,000
FEET OF ANOTHER TYPE 1 GROUP HOME OR A COMMUNITY
RESIDENTIAL HOME.
TO:
THRU
SUBJECT:
The item before the City Commission is approval of a City-initiated amendment to the Land
Development Regulations to accommodate revisions related to Community Residential Homes
and Group Homes.
The proposed amendment is required to bring the section dealing with Community Residential
Homes into compliance with changes in the Florida Statutes. The Florida Statutes were
amended to add the requirement that Community Residential Homes with six or fewer residents
(Type 1 Group Homes in the LDRs) may not be located within 1,000 feet of another Community
Residential Home and that evidence be provided at the time of application to support this fact.
An additional change in the law requires that all references to "Occupational Licenses" be
changed to "Business Tax Receipts."
The text amendment was considered by the Planning and Zoning Board on November 20, 2006.
No one from the public spoke on the amendment. The Board discussed the Ordinance and
recommended approval on a 4 to 0 vote (Eliopoulos, McDuffie and Halberg 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.
By motion, approve on first reading Ordinance No. 82-06, amending LDR Section 4.3.3(1),
"Community Residential Homes and Group Homes" to provide that a Type 1 group home shall
not be located within 1,000 feet of another Type 1 Group Home or a Community Residential
Home; that evidence to this fact be provided at the time of application; and that the all
references to "Occupational License" be changed to "Business Tax Receipts," 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 December 12, 2006.
Attachments:
. Ordinance No. 82-06
· Planning & Zoning Staff Report of November 20, 2006
/2.1)
ORDINANCE NO. 82-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING SECTION 4.3.3(1),
"COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES",
OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRA Y BEACH, FLORIDA, BY PROVIDING THAT GROUP
HOMES, TYPE 1 SHALL NOT BE LOCATED WITHIN A RADIUS
OF 1,000 FEET OF COMMUNITY RESIDENTIAL HOMES AND
CHANGING ALL REFERENCES OF OCCUPATIONAL LICENSE
TO BUSINESS TAX RECEIPTS IN ORDER TO COMPORT WITH
RECENT CHANGES IN STATE LAW; PROVIDING A SAVING
CLAUSE, A GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to update its
Land Development Regulations in order to make them consistent with recent changes to state law; and
WHEREAS, House Bill 351 requires that all community residential homes provide the local
government with the most recently published data compiled that identifies all community residential
homes within ai, 000 foot radius of proposed homes with six or fewer residents; and
WHEREAS, House Bill 1269 requires that all references to "Occupational Licenses" shall be
changed to "Business Tax Receipts".
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRA Y BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.3.3(1), "Community Residential Homes and Group Homes", of the
Land Development Regulations of the City of Delray Beach, Florida, shall be amended to read as
follows:
(I) Community Residential Homes and Group 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) Applicability: 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 increase 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; convalescent
homes, homes for the aged or nursing homes; nor alcohol and drug abuse treatment 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 400.618;
2. A physically disabled or handicapped person as defined in
Section 760.22(7)(a);
3. A developmentally disabled person as defined III Section
393.063(12);
4. A nondangerous mentally ill person as defined in Section
394.455(18); or,
5. A child as defined in Section 39.01(14), Section 984.03(9) or
(12), or Section 985.03(8).
(b) Community Residential Home: The term "Community Residential
Home" means a dwelling unit licensed to serve clients of the
Department of Children and Family Services, which provides a
living environment for 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) Group Home: The term "Group Home" means a home, and/or a
building or part thereof, or group of buildings, which is not licensed
to serve clients of the Florida Department of Children and Families,
but which otherwise meets the definition of a Community
Residential Home and has either less than 7 residents or more than
14 residents.
(4) Classifications:
2
ORD. NO. 82-06
(a) Group Home, Type 1: A group home of not more than six (6)
unrelated residents. Such homes which satisfy the provisions of this
section shall be allowed as a permitted use in the zoning districts as
outlined in Section 4.3.3(I)(4)(d), provided, however, that no such
home shall be located within a radius of 1,000 feet of another Type
I group home or a community residential home.
(b) Community Residential Home: Such homes which satisfy the
provisions of this section shall be allowed as a permitted or
conditional use in the zoning districts as outlined in Section
4. 3. 3(I)(4)(d), provided that such homes shall not be located within
a radius of 1,000 feet of a community residential home or within a
radius of 500 feet of a single family residential zoning district.
(c) Group Home, Type 2: A group home which provides lodging or
related services for fifteen (15) or more unrelated residents. Such
homes which satisfy the provisions of this section shall be allowed
as a permitted or conditional use in the zoning districts as outlined
in Section 4.3. 3 (I) (4) (d) , provided however that such homes shall
not be located within a radius of 1,000 feet of a community
residential home or group home, within a radius of 500 feet of a
single family residential zoning district, or within a radius of 1,000
feet of a public or private elementary, middle or secondary school.
(d) Community Residential Homes and Group Homes shall be allowed
as a permitted or conditional use in the following zoning districts:
3
ORD. NO. 82-06
Type of
Residence
Group Home,
T el
Community
Residential
Home
Group Home,
Type 2
Ag, R.R., RI RLDistrict
RM
RO,OSS:HAD CBD, CF
GC
Permitted Permitted
Permitted
Permitted Not Permitted
Permitted
Not Conditional
Permitted Use
Conditional
Not Use
Permitted
Permitted
Conditional
Use
Conditional
Use
Permitted
(5) Noticing and Licensing Requirements:
(a) An applicant for a community residential home must notify the City
in writing the specific address of the site, the residential licensing
category, the number of residents, and the community support
requirements of the program. The City may review the notice
submitted for compliance with the underlying zoning district and
respond pursuant to Chapter 419.001(3)(a) of the Florida Statutes.
(b) Group Homes shall at the time of application for City occupatioaal
license business tax receipt provide evidence that appropriate
approvals or licenses from county, state, or federal regulatory
agencies have been applied for or obtained, if any is required and
they must show that no other community residential home or group
home is within a radius of 1,000 feet of the proposed site. The
occupational lic6ase business tax receipt must be renewed annually
and may only be received upon provision of proof that the facility
continues to be licensed by the State, if required, and upon passing
of City inspections.
(6) Development Standards:
(a) Minimum Floor Areas:
1. Community Residential Homes and Group Homes of 4 to 14
residents require no minimum floor area except as required
4
ORD. NO. 82-06
by the underlying zoning district requirements and as
required by State agencies.
2. Type 2 Group Homes require a mlmmum floor area for
bedrooms of 80 square feet for the first permitted resident in
a bedroom with an additional 60 square feet for each
additional permitted resident in a bedroom. There shall be a
minimum of one bathroom equipped with sink, commode,
and shower or tub per each four permitted residents.
(b) Outdoor Recreational Space: Type 2 Group Homes located in
nonresidential zone districts shall provide usable outdoor passive
recreation area of 35 square feet per resident in addition to any
required open space, landscaping, and setback areas.
(c) Special Regulations:
1. Signage shall be pursuant to LDR Section 4.6.7.
2. Parking requirements shall be pursuant to LDR Section
4.6.9(C).
(7) Findings of Reviewing Authority: The Planning and Zoning Board shall
not recommend approval of a Conditional Use for a Community Residential Home or
Group Home unless it is demonstrated that the home has met all of the requirements of
Section 4.3.3(1), including those requirements in the specific zoning district in which the
proposed home is to be located, and has received applicable preliminary State agency
approval or current State agency license when a license is required. A recommendation of
approval shall be based upon consideration of the following factors:
(a) Homes located within residential districts shall have building
elevations, which are residential in character and similar in
appearance to the surrounding neighborhood. They shall not be
institutional in appearance as determined by the Site Plan Review
and Appearance Board or the Historic Preservation Board.
(b) Homes located in a nonresidential area shall be maintained in the
general character of the surrounding area. This standard applies to
design, lot size, landscaping, and other factors affecting the
character of the area.
5
ORD. NO. 82-06
(c) The proposed facility shall be in conformance with the Future Land
Use Map, and Objectives and Policies of the City's Comprehensive
Plan.
(8) Distance Requirements: All distance requirements in this section shall be
measured from the nearest point of the existing home, school or area of single-family
zoning to the nearest point of the proposed Community Residential or Group Home.
Section 2. That should any section or provision of this ordinance or any portion thereof, any
paragraph, sentence, clause 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.
hereby repealed.
That all ordinances or parts of ordinances in conflict herewith be, and the same are
Section 4.
and final reading.
That this ordinance shall become effective immediately upon its passage on second
PASSED AND ADOPTED in regular session on second and final reading on this the day
of , 2006.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
6
ORD. NO. 82-06
MEETING DATE:
NOVEMBER 20, 2006
V.G.
AGENDA NO:
AGENDA ITEM:
CONSIDERATION OF A CITY-INITIATED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS (LDRS) AMENDING SECTION 4.3.3(1),
"COMMUNITY RESIDENTIAL HOMES AND GROUP HOMES" TO
PROVIDE THAT A TYPE 1 GROUP HOME SHALL NOT BE LOCATED
WITHIN 1,000 FEET OF ANOTHER TYPE 1 GROUP HOME OR A
COMMUNITY RESIDENTIAL HOME.
The item before the Board is that of making a recommendation to the City Commission regarding a
City-initiated amendment to the Land Development Regulations to accommodate revisions related to
Community Residential Homes and Group Homes.
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.
The Florida Statutes have been amended to add the requirement that Community Residential Homes
with six or fewer residents (Type 1 Group Homes in the LDRs) may not be located within 1,000 feet of
another Community Residential Home and that evidence be provided at the time of application to
support this fact. An additional change in the law requires that all references to "Occupational
Licenses" be changed to "Business Tax Receipts." The proposed amendment is to bring the LDRs
into compliance with these changes in State Law.
REQUIRED FINDINGS
LDR Section 2.4.5(M)(5) (Findinas): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition
to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is
consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the
following applicable Policy was noted:
Future Land Use Element Obiective A-5 The City shall maintain its Land Development
Regulations, which shall be regularly reviewed and updated, to provide streamlining of
processes and to accommodate planned unit developments (PUD), mixed-use developments,
and other innovative development practices.
V.G.
Planning and Zoning Board Memorandum Staff Report, November 20, 2006
Amendment to LDRs Pertaining to Community Residential Homes
Page 2
The purpose of the proposed amendment is one of maintaining and updating the LDRs. Specifically,
the amendment is required to bring the section dealing with Community Residential Homes into
compliance with changes in the Florida Statutes. It is noted that while compliance with State Statutes,
other than Chapter 163, is not specifically mentioned in the Goals, Objectives, and Policies of the
Comprehensive Plan, this is understood. Based on the above, a positive finding can be made that the
amendment is consistent with and further the Goals, Objectives, and Policies of the Comprehensive.
Courtesy Notices:
Courtesy notices were provided to the following homeowner and civic associations:
. Progressive Residents of Delray (PROD)
. President's Council
. Neighborhood Advisory Council
Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting.
The purpose of this City-initiated LDR text amendment is to bring the section of the LDRs dealing with
Community Residential Homes into compliance with changes in the Florida Statutes. Positive findings
can be made with respect to LDR Section 2.4.5(M)(5) that the proposed amendment is consistent
with and furthers the Goals, Objectives and Policies of the Comprehensive Plan.
Recommend to the City Commission approval of a City-initiated amendment to the Land
Development Regulations amending Section 4.3.3(1), "Community Residential Homes and Group
Homes" to provide that a Type 1 group home shall not be located within 1,000 feet of another Type 1
Group Home or a Community Residential Home; that evidence to this fact be provided at the time of
application; and that the all references to "Occupational License" be changed to "Business Tax
Receipts," 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.
Attachment:
. Proposed Ordinance
WEINER & ARONSON, P .A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mai:mweiner@zonelaw.com
RECEIVED
NOV Jt9J 2006
CITY CLERK
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
OF COUNSEL:
ROBERT MARC SCHWARTZ, PA
Florida Bar Board Certified
Real Estate Lawyer
November 27,2006 Via Hand Delivery
Ms. Chevelle Nubin
City Clerk
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Ms. Jasmin Allen, Planner
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444
Re: City Initiated Amendments
Our File No.: CARF002
Dear Chevelle and Jasmin:
I am confirming with you that the First and Second Reading for the City initiated amendments
to the Land Development Regulations amending Section 4.3.3(1), "Community Residential Homes
and Group Homes" to provide that a Type 1 group home shall not be located within 1,000 feet of
another Type 1 group home or a community residential home are to take place December 12, 2006
and January 2,2007, respectively. I am also confirming with you that a portion of Item V. F of the
November 20,2006 Planning and Zoning Board Agenda has been tabled to the December 18, 2006
Planning and Zoning Board meeting.
If any of this information is incorrect, please contact me. Thank you very much for your
assistance i this matter.
MSW:ek
Cc: Mr. Andrew Rothermel
James Green, Esq.
Jason S. Mankoff, Esq.
. Ms. Ashlee L. ~argo I I
cc: ?1~~(U.i'\.C) i1;;1-4 0<,..
~~~___ ~ \ CJt() \ll~ let;
O:\CARF002\Letter to Clievelle Nubin and Jasmin Allen. Nov 27. 2006.doc
11/29/06 WED 11:57 FAX 5612433774
CITY CLERK
[4J 001
***************************
*** ERROR TX REPORT ***
***************************
TX FllNCTION WAS NOT COMPLETED
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
llSAGE T
PGS. SENT
RESllLT
0550
92433774
11/29 11:57
00'00
o
NG #018
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mai:mweiner@zonelaw.com
RECEIVED
NOV Jt~ 2006
CITY CLERK
WEINER & ARONSON. P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
KERRY D. SAFIER
OF COUNSEL:
ROBERT MARC SCHWARTZ. P.A.
Florida Bar Board Certified
Real Estate Lawyer
November 27. 2006 Via Hand Delivery
Ms. Chevelle Nubin
City9lerk
pty of DelrayBeacn
100 N.W. 1st Avenue
Delray Beach. Florida 33444
Ms. Jasmin Allen, Planner
City of Delray Beach
100N.W. 1st Avenue
Delray Beach. Florida 33444
Re: City Initiated Amendments
Our File No.: CARF002
Dear Chevelle and Jasrnin:
I am confirming withyou that the First and Second Reading for the City initiated amendments
to the Land Development Regulations amending SectionA3.3(1), "Community Residential Homes
and Group Homes" to provide that a Type 1 group home shall not be located within 1,000 feet of
another Type 1 group home or a community residential home are to take place December 12, 2006
and January 2, 2007, respectively. I am also confimling with you that a portion of Item V. F of the
November 20,2006 Planning and Zoning Board Agenda has been tabled to the December 18, 2006
Planning and Zoning Board meeting.
. ",. ..,.," ' ,.
If. any....bfthisjrtformationisinc6'rh~Ct,..pleaSeQbntact rne_Thank....youvery-rTIuCh... for your
... assistance Ythismatter.. . .
~
t.e
100
ANNOUNCEMENTS
101 Legal :\011['('
en
ern Of DB.RAY BUCH,FlORllA
NOTK:E OF PUBlIC HEARING
A PUBLIC HEARING wi' be held on
the lollowilt9 proposed Dfd!unces ill
7:00 p.m. 011 TUESDAY, JANUARY 2.
2007. 01 a' ~ny continuation of such
C:~i~Sio~~~~ ,.: Ci~tcO:~ss~~
Chambers, 100 _N.W. lsl .'1uue, 0f!1-
r~y Beach, Flond.. al whid'1 time the
Cll, ,Commission will consider their
adoption. The proposed Dldinanees
IRay be inspected II the Office at the
City Clerk at City Hall, tOO N.W 1st
Av.nue, Delra, Bucll. Florida be.
tween Ihe hours 01 8:00 a m. and 5:00
p.~.. MondlX through Frida" except
h~daY' All tnlerested parlies are in-
VIted to attend and be heard wilh reo
spec:l.101heproposedon:liNn:es
ORDltANCE NO. 79-(Jlj.
AN ORDINANce OF THE CITY COM-
MISSION Of THE CITY OF DElR"Y
SEACH, FLORIDA. REZONING AND
PLACING lAND PRESENTLY
ZONED GENERAL COMMEF'lAL
IGCI DISTRICT TO AUTOMC.,".'E
COMMERCIAL (AC) DISTRICT; SAID
LAND BEING ~ P~RCEL LOCATED
AT THE NORTHEAST CORNER OF
SOUTH FEDERAL HIGHWAY IU.S
HIGHWAY NO.1) AND FLADELL'S
WAY (~YENUE 'F"), AS MORE PAR-
TICULARLY DESCRIBED HEREIN
AMENDING .ZONING NAP OF DEL:
RAY BEACH, FLORIDA. "M,'}'':'"
2006' PROVIDING A GENERAL RE.
PEALER CLAUSE. A SAVING
CLAUSE. AND AN EFFECTIVE
DATE.
ORDtHANCE NO. 10-06
~ ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF Oe:'-R~'(
BEACH, FLORIDA. AMENDING ,nc
LAND DEVELOPMENT REGULA-
TIONS OF THE CODE OF ORDI.
NANCES, BY AMENOING SECTION
2.4.3(K} 'FEES', SUBSECTION
2.4.3(Kll1), 'OEVELOPMENT APPL\.
CATIONS", AMENDING SECTION
2,4.5, "PROCEDURES FOR OB-
TAINING DEVELOPMENT APPROV.
ALS', BY CREATING SUBSECTION
2.4.5(0). 'IN"L1EU OF PARKING AND
PUBLIC PARKING FEE REQUEST:
BY CREATING A PROCESS FOR
THE REVIEW AND APPROVAL OF IN
LIEU OF AND PUBltC PARKING FEE
RFnIlESTS; PROVIDING A SAVING
CL~USE, A GENEHAl R~PEAl(n
CLAUSE, AND ...N EFFECTIVE
DATE
ORDINANCE NO.I1..Q6
AN ORDINANCE OF THE CITY COM--
MISSION OF THE CITY OF DElRAY
BEACH, FLORIDA, AMENDING SEC.
TION 1,3.8, "RECONSTRUCTION
NECESSITATED BY ~N ACT OF
GOO' OF THE lAND DEVELOP.
MENT REGULATIONS BY AMEND.
ING SUBSECTION 1 ,3.8 (~) TO PRO-
VIDE FOR RECONSTRUCTION Of
lAWFUL NON.CONfORMING COM.
MERCIAl AS WEll AS RESIDEN.
TIAl STRUCTURES AHD PROVID.
ING FOR DEFINITION OF COMMER-
CIAL STRUCTURE. PROVIDING fOR
RELETTERING AND RENUMBER.
ING; PROVIDING A SAVINGS
CL"USE. A GEHER"l REPEALER
CLAUSE. AND AN efFECTIVE
DATE.
QflIlINAIICtIlO."'"
AN ORDINANCE OF THE CITY COM.
MISSION OF THE CITY OF DELR~Y
BEACH. flORIDA. AMENDING SEC.
TION 4.3,3(1). "COMMUNITY RESI.
OENTlAL HOMES AND GROUP
HOMES' OF THE lAND DEVELOP-
MENT REGULATIONS OF THE CITY
OF DELAAY BEACH, flORIDA. BY
PROVIDING TH"T GROUP HOMES.
TYPE 1 SH"ll NOT BE lOCATED
WITHIN A RADlUS Of \,000 FEET
OF COMMUNITY RESIDENTIAL
HOMES AND CHANGING All REf-
ERENCES Of OCCUPATIONAL u'
CENSE TO BUSINESS TAX RE.
CEIP1S IN ORDER TO COMPORT
WITH RECENT CH...NGES IN STATE
L"'W: PROVIDING A SAVING
CLAUSE. A GENERAL REPEALER
ClAUSE, AND AN EffECTIVE
DATE
PleaMbt adYisedltlalll1plll5Ollae-
cidellO appeal allY deCision ..ade by
1M City Commission willl InplCI 10
IflY mill! cOllliOered al these ",af-
ings. suctl ~son ""y need 10 ensllre
thai I verbatim IKOld illdudes lilt!
lesltlftony Il'ld .oridInU upon .niCII
tile appeal is 10 be based. Tile Cily
doeS IIOt prollide ftOl pllpall sue"
feC(lId.P\nIlIflI'DF.5...0105
CfTYOfDEt.AAYElEACH
C;heoIeIeO,Nlbn.o.(;
"""",
PUBlISH: Friday, {)ecembef 22. 2Xl6
Boca AatnOeIray Beadl News
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