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Ord 33-02ORDINANCE NO. 33-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DFJ.RAY BEACH, FLORIDA, AMENDING THE LAND DEVFJ.OPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY REPEALING SECTION 4.3.3(D), "RESIDENTIAL AND NON-RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES" AND ENACTING A NEW SECTION 4.3.3(D), "SUBSTANCE ABUSE TREATMENT FACILITIES", PROVIDING A DEFINITION AND ESTABLISHING A MINIMUM CRITERIA FOR SUBSTANCE ABUSE TRF. ATMENT FACILITIES, ADDRESSING THE EFFECTIVE DATE FOR EXISTING SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.3.3(1), "COMMUNITY RESIDENTIAL AND GROUP HOMES" TO EXCLUDE CERTAIN SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.60D), "CONDITIONAL USES AND STRUCTURES .AI.I.OWED", BY REMOVING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9 (D), "CONDITIONAL USES AND STRUCTURES AIJ.OWED", BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT," SUBSECTION 4.4.13 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.16, "PROFESSIONAL AND OFFICE (POD) DISTRICT," SUBSECTION 4.4.16 (D), "CONDITIONAL USES AND STRUCTURES .AIJ.OWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TRRATMENT FACILITIES; AMENDING 4.4.17, "RESIDENTIAL OFFICE CRO) DISTRICT," SUBSECTION 4.4.17 (D), "CONDITIONAL USES AND STRUCTURES AIJ.OWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TRF. ATMENT FACILITIES; AMENDING 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT;' SUBSECTION 4.4.21(D), CONDITIONAL USES AND STRUCTURES ?,LI.OWED", BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TRI~.ATMENT FACILITIES; AMENDING 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)," SUBSECTION 4.4.24 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES 1 ORD. NO. 33-02 WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SUBSECTION 4.6.9 (C), "NUMBER OF PARKING SPACES REQUIRED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TRF. ATMENT FACILITIES; AMENDING APPENDIX "A", "TERM AND DEFINITION," BY REPEALING THE DEFINITIONS OF "NON-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY," "RESIDENTIAL TREATMENT FACILITY," AND "SUBSTANCE ABUSE" IN THEIR ENTIRETY AND ADDING THE DEFINITION OF "SUBSTANCE ABUSE TREATMENT FACILITY"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend the land development regulations pertaining to Substance Abuse Treatment Facilities to incorporate certain aspects of Florida Law relating to Substance Abuse Treatment Facilities; and WHEREAS, the Legislature passed the committee substitute for Senate Bill 682, which is effective July 1, 2002; and WHEREAS, the City Commission finds that it is in the public interest to amend section 4.3.3(D), Land Development Regulations, to establish minimum criteria for Substance Abuse Treatment Facilities; and WHEREAS, the regulation of land use matters is of great local concern and impacts upon the health, safety and welfare of the City's residents; and WHEREAS, the City may regulate the location of such facilities through the exercise of its police powers in furthering the local land use concerns; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA: ~ That Section 4.3.3 (12)), "Residential and Non-Residential Alcohol and Drug Abuse Treatment Facilities" of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby repealed and a new Section 4.3.3(13), "Substance Abuse Treatment Facilities", is hereby enacted to read as follows: Substance Abtme Treatment Facilities (1) Definition: "Substance Abuse Treatment Facility" shall mean a ~egvice provider or facility that is: (a) licensed or required to be licensed pursuant to Section 2 ORD. NO. 33-02 397.311{18.3. Fla. Stat. or (b) used for room and board only and treatment and rehabilitation are provided at locations other than the primary residential facility, whether or not the facilities used for room and board and for treatment and rehabilitation are operated under the auspices of the same provider. For the purposes of this para~maph (b). the following shall be deemed to satisfy the "treatment and rehabilitation activities" component: (i) service providers or £a¢~!ities which requite tenants to participate in treatment and rehabilit~afion activities as a term or condition of, or essential component; of. the tenancy.: or (ii) service providers or facilities which facilitate, promote, monitor. or m.aintain records of. tenant parOcipation in treatment and rehahilitafi_'on activities, or perform tes0~g to determine whether tenants are drug and alcohol free, or receive reports of results of such (2) Floor.Area: ([} Rooms: Minirn~,~ floor area for bedrooms and the minimum numh¢, of bathrooms shall be governed by the Standard Housing Code. Common Area: At least 10% of the total floor area shall be devoted to (3) Flacilities and Reouirements: (a)Individual rooms or suites shall not have kitchen facilities av_~ilable for the preparation of food. (4) Appearance: Subst~.nce Abuse Treatment Facilities shall have building elevations which are similar in character and similar in appearance to the surrounding area. They shall not be institutional in appearance. (5) Licenses and Inspections: (3) Safety. Inspections: Issuance of an occupational license shall be preceded by an annual safety inspection: issuance of an occupational license shall be ¢ontinffent upon compliance with the recommendafi_'ons of the City Fire Marshall and the Chief Building Official (b) State License: Applicants for a City. o~;cupational license 3 ORD. NO. 33-02 shall submit a copy of the entire State application form as submitted to the State. to the Occupational License Administrator at the time of application for an occupational license. Proof of licensure by the State shall be submitted to the City within three 0) months of issuance of the City occupational license. (c) Annual License: Occupational licenses must be renewed annuall.v, and may only be issued upon provision of proof that the facility continues to be licensed by the State and upon passing of City inspections. (cl.) All Substance Abuse Treatment Facilities with licensing requirements shall comply with Chapter 397 of the Florida Statutes, any Palm Beach County Rules all0 Re~m~lafions, and this ordinance pertaining to Substance Abuse Treatment Facilities. Location Restrictions and Special R%~xflations: (a) Substance Abuse Treatment Facilities shall not be located within 1,000 feet of any public or private elementary., middle, or secondary, school. (b) A Substance Abuse Treatment Facility shall not be located within 1.000 feet of another Substance Abuse Treatment Facility.. (7) Eff¢*t on Existing Substance Abuse Treatment Facilities: Any Substance Abuse Treatment Facility. that exists as of the July 1, 2002, must comply with all provisions and requirements of this ordinance no later than e~hteen (18) months after July 1, 2002. Section 2. That Section 4.3.3(1), "Community Residential and Group Homes", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (I) Comm~_mity 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 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; convalescent homes, 4 ORD. NO. 33-02 homes for the aged or nursing homes; nor alcc. hc.l ;~-:d &-ag Substance Abuse Treatment Facilities as regulated in I.DR Section 4.3.30D)(1)(b). Section3. That Section 4.3.30)(3), "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (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), including but not limited to, persons in recovery from drug or alcohol addiction, but this does not include any person attending a Substance Abuse Treatment Facility. which i* covere¢l reader 4.3.3 (D)(1)(b); A developmentally disabled person as defined in Section 393.063(12); A non-dangerous 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 DepaxLment 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. Section 4. That Section 4.4.6, "Medium Density Residential (RM) District," Subsection 4.4.6 (D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 5 ORD. NO. 33-02 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District: (1) Adult congregate living facilities and continuing care facilities. (;~2_) Child care and adult day care. (43_) 4.3.3(HHH). Private educational facilities subject to the restrictions set forth in Section (~'-3 Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. (6~ Convalescent homes, homes for the aged, nursing homes, and rest homes. (gl.) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (82) Single family detached residences in zero lot developments. (98_) Yacht club with facilities. (4-09_) Dock master facilities when associated with a multi-family development which has a m~rina. (44,1_0) Private beach clubs with attendant recreational, dining, and related accessory facilities within the area lying south of Atlantic Dunes Park and east of State Road A1A. Section 5. That Section 4.4.9, "General Commercial (GC) District," Subsection 4.4.9 (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 02)) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). 6 ORD. NO. 33-02 (1)....o.,~....~,~D ^_:a__.--_~ .~,~........s ~__~._~ ,~,--a ~'~/sr~-'- S~bstance Abuse Treatment Facilities subject to restrictions set forth in Section 4.3.302)). Section 6. That Section 4.413, "Central Business (CBD) District", Subsection 4.4.130D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (2)at.~o.~..~l) ~;~---~A! ~.~,~.~.a-.~.A !~!~1 ~.x~A~l a.~.~l'%--'~ Substance Abuse Treatment Facilities subject to restrictions set forth in Section 4.3.3(D). Section 7. That Section 4.4.16, "Professional and Office (POD) District", Subsection 4.4.16 (D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the City of Dekay Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the POD District: (2) Rc-,2dcn'"-..2/Ar. okol -,~d Drag Substance Abuse Treatment Facilities: subject to restrictions set forth in Section 4.3.3(D). Section 8. That Section 4.4.17, "Residential Office (RO) District", Subsection 4.4.17 (D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 02)) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RO District: (2) n-~;'~--'"~ a 1__;~1 __a r~_._ Substance Abuse Treatment Facilities: subject to restrictions set forth in Section 4.3.3(D). Section 9. That Section 4.4.21, "Community Facilities (CF) District", Subsection 4.4.21 (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CF District: (1) Health Care, such as: adult congregate living; continuing 7 ORD. NO. 33-02 care; homes for the aged; nursing homes;~..o.......~,--~:a~-'"-' -...,......A'--t'-~ ,~...--a -~'~5':-'- Substance aAbuse_ ~Treatment xqE_acilifies, subject to the restrictions set forth in Section 4.3.3(D); hospitals, with or without helipads and associated laboratories, treatment centers, rehabilitation centers, ami-testing facilities; and mental health treatment facilities including residential care. Section 10. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24 (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 02)) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: Adult congregate facilities,. ........................ s Abuse tTreatment ~_acilifies subject to restrictions set forth in Section 4.3.3(D)., Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes. Section 11. That Section 4.6.9, "Off-Street Parking Requirements", Subsection 4.6.9 (C), "Number of Parking Spaces Required", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (C) Number of Parking Spaces Required: The number of parking spaces required for new buildings, new uses, additions, enlargements, or changes shall be determined by the following standards for uses and categories of use and types of parking spaces. C'/) Other Uses: (a) Abused Spouse Residence: One space per sleeping room plus one space for each shift employee. Abuse Treatment Facilities, and Nursing Homes: Shall provide one space for each four beds. Section 12. That the terms "Non-Residential Substance Abuse Treatment Facility", "Residential Treatment Facility", and "Substance Abuse", and their definitions, contained in Appendix "A" of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same are hereby repealed, and a new defirfifion, "Substance Abuse Treatment Facility" is hereby enacted, to read as follows: SUBSTANCE ABUSE TREATMENT FACILITY 8 ORD. NO. 33-02 A service provider or facility, that is licensed or required to be licensed pursuant to Section 397.311(18), Fla. Stat. or used for room and board only and in which treatment and rehabilitation are provided at locations other than the primary residential facility, whether or not the facilities used for room and board and for treatment and rehabilitation are operated under the auspices of the same provider. Section 13. 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 14. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 15. That this ordinance shall become effective mediately upon its passage on second and final reading. the PASSED AND ADOPTED in regular session on second and final reading on this day of ,2002. MAYOR ATFEST: CITY CLERK/~ Second 9 ORD. NO. 33-02 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~I AGENDA ITEM # [ O ~ - REGULAR MEETING OF AUGUST 20. 2002 ORDINANCE NO. 33-02 (AMENDING LAND DEVELOPMENT REGULATIONS) AUGUST 16, 2002 This is second reading and second public heating for Ordinance No. 33-02 which amends the Land Development Regulations (I.DR) by repealing Section 4.3.3(D), "Residential and Non-Residential Alcohol and Drug Abuse Treatment Facilities" and adding a new Section 4.3.3(D), "Substance Abuse Treatment Facilities" listing specific requirements for the facilities. The ordinance modifies the current location restrictions from 1,200 feet to 1,000 feet in accordance with Florida Statutes regarding public, private, middle, secondary schools, and other treatment facilities. Ordinance No. 33-02 changes the definition of substance abuse treatment facilities and group homes; in addition to renaming "Residential and Non-Residential Alcohol and Drug Abuse Treatment Facilities" to "Substance Abuse Treatment Facilities" throughout the Land Development Regulations. It removes these facilities from the RM (Medimm Density Residential) zoning district where they are currenfly allowed as a conditional use. The treatment facilities will continue to be allowed as a conditional use in most commercial zoning districts, some office districts, and CF (Community Facilities) zoning district. On July 15, 2002, the Planning and Zoning Board held a public heating in conjunction with the request. No one from the public spoke in support of or opposition to the proposed amendment. After discussion, the Board voted 7-0 to recommend that the request be approved, based upon positive findings with respect to LDR Section 2.4.5(M), with associated grammatical changes as determined by the City Attorney. At first reading and first public heating on August 6, 2002, the City Commission passed the Ordinance No. 33-02 unanimously. Recommend approval of Ordinance No. 33-02 on second and final reading. S:\City Ck~\chevelle folder\agenda memo~\Ot~33.0Z08.20.02 TO: THRU: FROM: SUBJECT: PAUL DORLING, D RI~CTOR OF PLANNING AND ZONING JEFFREY A. COSTELLO, PRINCIPAL PLANNER MEETING OF AUGUST 6, 2002 CONSIDERATION OF AN AMENDMENT TO LAND DEVELOPMENT REGULATIONS REGARDING SUBSTANCE ABUSE TREATMENT FACILITIES. This amendment is corrective in nature. Earlier this year, the Florida Legislature amended Chapter 397, Florida Statutes, regarding the regulation of Substance Abuse Treatment Facilities, which became effective July 1, 2002. Thus, the City's Land Development Regulations regarding treatment facilities require amendment to conform to the State's requirements under Chapter 397, Florida Statutes. The amendment involves repealing LDR Section 4.3.3(D) (Residential and Non-Residential Alcohol and Drug Abuse Treatment Facilities) and adding a new section 4.3.3(D) (Substance Abuse Treatment Facilities), which lists specific requirements for substance abuse treatment facilities. These changes included modifying the current location restrictions of 1,200 feet from public or private, elementary, middle or secondary schools, and between other treatment facilities, to 1,000 feet to be consistent with State Statutes. The amendment also involves changing the definition of substance abuse treatment facilities, and accordingly renaming residential and non-residential alcohol and drug abuse treatment facilities to substance abuse treatment facilities throughout the LDRs. This amendment removes substance abuse treatment facilities from the RM (Medium Density Residential) zoning district, where they are currently allowed as a conditional use. Treatment facilities will continue to be allowed as a Conditional Use in most commercial zoning districts, some office districts, and the CF (Community Facilities) zoning district. In addition to the changes in response to State Statutes, the definition of group homes has been changed to exclude certain substance abuse treatment facilities. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated more for "housekeeping" purposes than to fulfill any specific Comp Plan policy. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The Planning and Zoning Board held a public hearing regarding this item at its meeting of July 15, 2002. There was no public testimony in support of, or opposition to, the proposed amendment. There was a person who commented on grammatical changes and that the use should be removed from the OSSHAD zoning district. After discussing the text amendment, the Board voted 7-0 to recommend to the City Commission approval of the proposed text amendment based upon positive findings with respect to LDR Section 2.4.5(M), with associated grammatical changes as determined by the City Attorney. By motion, approve on first reading a text amendment to the Land Development Regulations regarding substance abuse treatment facilities,, based upon the findings and recommendations by the Planning and Zoning Board, setting a public hearing date of August 20, 2002. Attachment: Ordinance by Others [ ~1~ [IT'd' DF DELRrlY BEfl[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: July 24, 2002 MEMORANDUM Wnter's D~rect Line 561/243-7090 TO: David T. Harden, City Manager Mayor and Commissioners FROM: Terrill Pyburn, Assistant City Attorney SUBJECT: Ordinance Requlating "Substance Abuse Treatment Facilities" The Florida Legislature amended Florida Statutes Chapter 397 regarding Substance Abuse Treatment Service Providers to require that both Residential and Non-Residential Service Providers be regulated through licensing. As a condition of this regulation, the Legislature stated that in order to obtain a license, these facilities must be in compliance with the municipal zoning laws. This new law became effective on July 1, 2002. As a result of this new law, the City of Delray Beach has proposed to amend its LDRs in order to allow Substance Abuse Treatment Facilities within the General Commercial (GC), Central Business (CBD), Professional and Office (POD), Residential Office (RO), Community Facilities (CF), and Old School Square Historic Arts (OSSHAD)Districts as Conditional Uses. Please place this matter on the August 6, 2002 City Commission Agenda for consideration. Please let me know if you have any questions. Thank you CC: Barbara Garito, City Clerk Susan Ruby, City Attorney Paul Dorling, Planning Director Jeff Costello, Principal Planner Jasmin Allen, Planner ORDINANCE NO. 33-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, BY REPEALING SECTION 4.3.3(D), "RESIDENTIAL AND NON-RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES" AND ENACTING A NEW SECTION 4.3.3(D), "SUBSTANCE ABUSE TREATMENT FACILITIES", PROVIDING A DEFINITION AND ESTABLISHING A MINIMUM CRITERIA FOR SUBSTANCE ABUSE TREATMENT FACILITIES, ADDRESSING THE EFFECTIVE DATE FOR EXISTING SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.3.3(I), "COMMUNITY RESIDENTIAL AND GROUP HOMES" TO EXCLUDE CERTAIN SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (KM) DISTRICT", SUBSECTION 4.4.6(D), "CONDITIONAL USES AND STRUCTURES 31J.OWED", BY REMOVING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9 (D), "CONDITIONAL USES AND STRUCTURES Al.LOWED", BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT," SUBSECTION 4.4.13 (D), "CONDITIONAL USES AND STRUCTURES AIJ.OWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.16, "PROFESSIONAL AND OFFICE (POD) DISTRICT," SUBSECTION 4.4.16 (D), "CONDITIONAL USES AND STRUCTURES AI.I.OWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT," SUBSECTION 4.4.17 (D), "CONDITIONAL USES AND STRUCTURES AI~LOWED," BY REPLACING RESIDENT/AL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TRR&TMENT FACILITIES; AMENDING 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT," SUBSECTION 4.4.21(D), CONDITIONAL USES AND STRUCTURES ALI.OWED", BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TR~&TMENT FACILITIES; AMENDING 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)," SUBSECTION 4.4.24 (D), "CONDITIONAL USES AND STRUCTURES AIJI.OWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES 1 ORD. NO. 33-02 WITH SUBSTANCE ABUSE TREakTMENT FACILITIES; AMENDING SUBSECTION 4.6.9 (C), "NUMBER OF PARKING SPACES REQUIRED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING APPENDIX "A", "TERM AND DEFINITION," BY REPEALING THE DEFINITIONS OF "NON-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY," "RESIDENTIAL TREATMENT FACILITY," AND "SUBSTANCE ABUSE" IN THEIR ENTIRETY AND ADDING THE DEFINITION OF "SUBSTANCE ABUSE TREATMENT FACILITY"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend the land development regulations pertaining to Substance Abuse Treatment Facilities to incorporate certain aspects of Florida Law relating to Substance Abuse Treatment Facilities; and WHEREAS, the Legislature passed the committee substitute for Senate Bill 682, which is effective July 1, 2002; and WHEREAS, the City Commission finds that it is in the public interest to amend section 4.3.3(D), Land Development Regulations, to establish minimum criteria for Substance Abuse Treatment Facilities; and WHEREAS, the regulation of land use matters is of great local concern and impacts upon the health, safety and welfare of the City's residents; and WHEREAS, the City may regulate the location of such facilities through the exercise of its police powers in furthering the local land use concerns; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DRI.RAY BEACH, FLORIDA: Section 1. That Section 4.3.3 (D), "Residential and Non-Residential Alcohol and Drug Abuse Treatment Facilities" of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby repealed and a new Section 4.3.3(D), "Substance Abuse Treatment Facilities", is hereby enacted to read as follows: Substance Abuse Treatment Facilities (1) Definition: "Substance Abuse Treatment Facili .ty" shall mean a service provider or facility, that is: (3) licensed or required to be licensed pursuant to Section 2 ORD. NO. 33-02 397.311(18). Fla. Stat or (b) used for room and board only and treatment and rehabilitation are provided at locations other than the pcmary residential facility., whether or not the facilities used for room and board and for treatment and rehabilitation are operated under the auspices of the same provider. For the purposes of this para~aph (b). the following shall be deemed to satisfy, the "treatment and rehabilitation activities" component: (i) service providers or facilities which require tenants to partcipate in treatment and rehabilitation activities as a term or condition of. or essential component of, the tenancv; or (ii) service providers or facilities which facilitate, promote, monitor. or maintain records of. tenant participation in treatment and rehabilitation activities, or perform testing to determine whether tenants are drug and alcohol free. or receive reports of results of ~uch (3) Rooms: Minimum floor are;t for bedrooms and the minimum number of bathrooms shall be governed by the Standard Housing Code. (b) Common Area: At least 10% of the total floor area shall be devoted to conlnlon area. (3) Facilities and Requirements: (a)Individual rooms or suites shall not have kitchen facilities available for the preparation of food. (4) Appearance: Substance Abuse Treatment Facilities shall have building elevations which are similar in character and similar in appearance to the surrounding area. They shall not be itlstitutional in appearance. (5) Licenses and Inspections: (3) Safety. Inspections: Issuance of an occupational license shall be preceded by an annual safe.ty inspection: issuance of an occupational license shall be conting¢lat upon compliance With the recommendations of the City. Fire Marshall and the Chief Building Official. State License: Applicants for a City. occupational license 3 ORD. NO. 33-02 shall submit a copy of the entire State application form as submitted to the State, to the Occupational License Administrator at the time of application for an occupational license. Proof of licensure by the State shall be submitted to the City within three (3) months of issuance of the City. occupational licela~. (c) Annual License: Occupational licenses must be renewed annually, and may only be issued upon provision of proof that the facility continues to be licensed by the State and upon passing of City inspections. (d) All Substance Abuse Treatment Facilities with licensing requize~¢nts shall comply with Chapter 397 of the Florida Statutes. any palm B~ach County. Rules and Re_rotations. and this ordinance pertaining to Substance Abuse Treatment Facilities. (6) Location Restrictions and Special R%nolations: (a) Substance Abuse Treatment Facilities shall not be located within 1.000 feet of any public or private elementary, middle, or secondary school. (b) A Substance Abuse Tr~allnent Facility. shall laOt be located within 1.000 feet of another Substance Abuse Treatment Facility.. Effect on Existing Substance Abuse Treatment Facilities: Any Substance Abuse Treatment Facility that exists as of the July 1, 2002, must comply with all provisions and requirements of this ordinance no later than eighteen (18) months after July 1, 2002. Section 2. That Section 4.3.3(1), "Community Residential and Group Homes", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby 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 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; convalescent homes, 4 ORD. NO. 33-02 homes for the aged or nursing homes; nor-.........-'--t-~ .~.~,A-a ~'~5~-'~ Substance Abuse Treatment Facilities as regulated in LDR Section 4.3.3(D)(1)(b). Section3. That Section 4.3.3(1)(3), "Definitions", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (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), including but not limited to, persons in recovery from drug or alcohol addiction, but this does not include any person attending a Substance Abuse Treatment Facility which is covered under 4.3.3 (D)(1)(b): A developmentally disabled person as defined in Section 393.063(1~; A non-dangerous mentally ill person as defined in Section 394.455(1~; or, 5. A childasdefinedinSecfion 39.01(14), Section 984.03(9) or (12), or Section 985.03(8). 0a) Community Residential Home: The term "Community Residential Home" means a dwelling unit licensed to serve clients of the DepaxCment 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. Section 4. That Section 4.4.6, "Medium Density Residential (RM) District," Subsection 4.4.6 (D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 5 ORD. NO. 33-02 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District: (1) Adult congregate living facilities and continuing care facilities. Child care and adult day care. (420 4.3.3(HHH). Private educational facilities subject to the restrictions set forth in Section (4g~ Churches, or phces of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. (6~ Convalescent homes, homes for the aged, nursing homes, and rest homes. ('¢fi) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (82) Single family detached residences in zero lot developments. (91t) Yacht dub with facilities. (~09_) Dock master facilities when associated with a multi-family devdopment which has a marina. (~4,_L0.) Private beach dubs with attendant recreational, dining, and related accessory facilities within the area lying south of Atlantic Dunes Park and east of State Road A1A. Section 5. That Section 4.4.9, "General Commercial (GC) District," Subsection 4.4.9 (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1)(a) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). 6 ORD. NO. 33-02 (1)~..~.o.,~.,.--~1~ ~-1.-1---~'-_1 .~..~.~..~.~xA1--AI'~I ~.,.~----~1 ~"~51-~--'~ Substance Abuse Treatment Facilities subject to restrictions set forth in Section 4.3.3(D). Section 6. That Section 4.413, "Central Business (CBD) District", Subsection 4.4.13(D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 02)) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (2)..~o.,~,...~.t'--:a~-'"A~ .a-.........~-A~-~' ,....~--~ ~'~sr~-'- Substance Abuse Treatment Facilities subject to restrictions set forth in Section 4.3.302)). Section 7. That Section 4.4.16, "Professional and Office (POD) District", Subsection 4.4.16 (D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: 02)) Conditional Uses and Structuxes Allowed: The following uses are allowed as conditional uses within the POD District: (2) Rc. gifien~:-..~~. Al¢c. kzl -,~d Drag Substance Abuse Treatment Facilities: subject to restxictions set forth in Section 4.3.3(D). Sectior~ ~. That Section 4.4.17, "Residential Office (RO) Distxict", Subsection 4.4.17 (D), "Conditional Uses and Structures Allowed," of the Land Development Regulations of the City of Delxay Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RO District: (2) Rc;i&n'"-..~~. Alzc. kc.l and Drag Substance Abuse Treatment Facilities: subject to restrictions set forth in Section 4.3.3(D). Section 9. That Section 4.4.21, "Community Facilities (CF) District", Subsection 4.4.21 (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Deltay Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CF District: (1) Health Care, such as: adult congregate living; continuing 7 ORD. NO. 33-02 care; homes for the aged; nursing homes;...o..~,.-~.~---:aA-'"-I ~.,...-...-'--I-A~ ,~....--a ~"~'esa-'- ~ ~tA_buse t_Treatment ~_acilities, subject to the restrictions set forth in Section 4.3.3(I3); hospitals, with or without helipads and associated laboratories, treatment centers, rehabilitation centers, and testing facilities; and mental health treatment facilities including residential care. Section 10. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection 4.4.24 (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: Adult congregate facilities, . ........................ ~ Abuse ~Treatment fl_~_acilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care, Continuing Care, Convalescent Homes, and Nursing Homes. Section 11. That Section 4.6.9, "Off-Street Parking Requirements", Subsection 4.6.9 (C), "Number of Parking Spaces Required", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (C) Number of Parking Spaces Required: The number of parking spaces required for new buildings, new uses, additions, enlargements, or changes shall be determined by the following standards for uses and categories of use and types of parking spaces. (7) Other Uses: (a) Abused Spouse Residence: One space per sleeping room plus one space for each shift employee. (b) o--:aA-a-~ s l__t._~:_ __a Dz'.ag Substance A.C.L.F's, ...................... Abuse Tregm~ent Fac/lit/es, and Nursing Homes: Sh~l provide one space £or each £our beds. Section 12. That the terms "Non-Residential Substance Abuse Treatment Facility", "Residential Treatment Facility", and "Substance Abuse", and their definitions, contained in Appendix "A" of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same are hereby repealed, and a new definition, "Substance Abuse Treatment Facility" is hereby enacted, to read as follows: SUBSTANCE ABUSE TREATMENT FACILITY 8 ORD. NO. 33-02 A service provider or facility, that is licensed or required to be licensed pursuant to Section 397.311(18), Fla. Stat. or used for room and board only and in which treatment and rehabilitation are provided at locations other than the primary residential facility., whether or not the facilities used for room and board and for treatment and rehabilitation are operated under the auspices of the same provider. Section 13. 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 14. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 15. 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 day of ,200. ATTEST: MAYOR CITY CLERK First Reading Second Reading 9 ORD. NO. 33-02 THE LAW OFFICES SOLOMON TROPP LAW GROLIP, P.A. 400 NC) l-ti II ASTil fi__'%' PI ^7^ ~ 'I'^MPA. ["'LC'~I~II)A 33602-/1331 (813) 225-1818 (.813) 225-1(-,11 (813) 225-1050 August 16, 2002 RECEIVED Atl , I 6 2002 CiTY MANAGER Via telecop¥ 561/278-4755 Via telecopy #561/243-3774 Susan Ruby, Esq. Office of the C~ty Attorney 200 N.W. 1st Avm~ue Delray Beach, Florida 33444 David Harden City Manager 100 N.W. 1't Avenue Delray Beach, Florida 33444 Re: Proposed Ordinance No. 33-02 Dear Ms. Ruby and Mr. Harden: The tmdersigned rcpresents Sober L~wng m Delray Beach, L L C. ("Sober Living") Unlike substance abuse treatment facdttics, Sober Liwng does not provide either a detoxificatmn or a rehabilitatmn program. Sober Living merely provides a safe, supportive, drug-free enwronment for recovering adults who require a semi-structured environment during thc carly stages of their sobriety. We have been notified that thc C~ty of Delray Beach ~s considenng an amendment to its land development regulations regarding substance abuse treatment facihties. After reviewing the proposed mnendment, it is our opimon that this amendment wall result m an ordinance whmh violates the Fair Housing Amendments Act (the "Act") by faihng to make a reasonable accommodation necessm_'y to afford hand/capped persons [in this case, ~ecovenng adult alcoholics m~d drug addicts] an equal opporttm~ty to use and enjoy a dwelhug within the City. 42 U.S.C. § 3604(1)(3)(B) We have confirmed that our vmw of thc proposed amendment is shared by the American Civil Llbertms Umon m~d the Unitcd States .lust~ce Department Congress intended the Act to foster thc ability of handicapped ~n&¥1duals to live m thc residence of their choice in a commmmy 1l cannot be disputed that residents and prospective residents of a gn'oup home for recovering alcoholics and drug addicts are persons wHh a "handicap" within the meaning of the Act 42 U.S.C. § 3602 (h) The proposed ordinance would exclude adults recovering from alcoholism m~d drug addictiou flora a substantml percentage of rental housing in the City. Or&nances with th~s effcct have consistently been struck down as violative of/he Act See City ofEdmonds v Oxt~rd House, Inc, 514 U.S 725 (1995). When the [h~ited States Snpreme Court considered City of Edmonds, a substantial nmnber of briefs were filed as amtc[ cur/rte in support of Oxtbrd House, Inc., a residence tbr recovering alcoholics and drug addicts that was ncgaUvely affected by the zoning code of the City of Edmond, Washington Included were briefs of the Amencm~ Psychiatric Associatmn. the American Association on Mental Retardation, the National Alliance for the Mentally Ill, the ~00~ ~¥2ddoa£uomoTos -0~0T ~ ~TO-XYd ffI.R0 ISd ~O/gT/RO Susan Ruby, Esq. David Harden August 16, 2002 Page 2 Joseph P. Kmmedy, Jr. Foundation, the AmmScan Association of Retired Persons ("AARP"), lhe Alnencan Plmm~ng Assocmtion, the National Fmr Housing Alliance m~d the Attorneys General tbr twelve ddTcrent states Because the Act's definition of"hand~capped" includes rcmdents of a group home for recovering alcoholics and drug add~cts, this myriad of groups, many of xvluch represent mdiwduals xvith various types of hand~caps, were all mteresled m ensunng tha! the City of Edmouds' zoning code ~vould not be pemfittcd to exclude arty ban&capped persons, including those "handicapped" recovering alcohohcs and drug ad&cts. Sober Living and other similar ent,ttes are aware of the City's concerns and are anxmus ~o do whatever Ihey can to assist in alleviating lhosc concerns As a result, the Delray Beach Recove~T Association ("DBRA") has recently been formed Thc goal of the DBRA is to confer with the C~ty and assist the City in alleviating any ex~st~ng problem while avmding the xqolat~on of federal law We are avatlable to discuss this matter ,Mth you at your convenience. Alternatively, we .look forward to meeting you at the public hearing on August 20, 2002. FL J/be Sincerely yours, THE SOLOMON TROPP LAW GROUP, P.A. F, Lorraine-J-aim - - ' ,/ - / THE SOLOMON TROPP I_~AW GROUP, P.A. EY PLAZA ~ql~lT! _300© I'^MP4, FLOalD^ 33602-4331 (Sl~,~ 225-1818 (g13)225-1611 ~00~] tg. Vqddoa,L~-OmOlOS-- 0~0I- ~ ['IR XVA 6I'SO IH~I ~0,'9I/~0 CC' CITY OF DELRAY BEACH NOTICE-OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH TO MODIFY THE DEFINITION AND REGULATIONS PERTAINING TO SUBSTANCE ABUSE TREATMENT FACIUTIES AND AMENDING SECTION 4.4.6 MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT BY REMOVING RESIDENTIAL ALCOHOL AND DRUG TREATMENT FACILITIES AS A CONDITIONAL USE The City Commission of dm Cdy of Deb'ay Geach, Fk~, proposes IDaC,at t~e ~bwmg ~dlnance AN OI~DINANCE Of: ~ CITY COMMISSION OF 11"1E CITY OF DF.~Y BEACH, FLORIDA, AMENDING THE lAND DEVI~LOPMENT REGULATIONS OF THE C1TY OF DELRAY BEACH, BY REPEAUNG SEC~ 43.3ID), 'R~SIDENllAL AND NON~ES~Nfl,~ ,.~CCTr'IC~. AND DRUG ABUSE TREATMENT FACIUT?,S' AND ENAC. TING A NEW SECTION 433.(D), 'SUBST.ANCE ABUSE TREATMENT fACILITIES, I~CWIDING A DEFINITION AND ESTABLISHING A MINIMUM CRiTERiA FOR SUBSTANCE ABUSE TREATMENT FACILmES, ADDRESSING THE EFFECT1V~ DATE FOR EXIStiNG SUBSTANCE ABUSE TREATMENT FACILITIES, AMENDING SECTION .43.311], "COMMUNITY RESIDENTIAl. AND C~OUP HOMES'-TO EXCLUDE CErtAIN SUBSTANCE ABUSE TI~ATMENT FAaLmBS, AMENDING SECTION 446 'MEDIUM DENSI'P/ RESIDENllAL JRM) DISTRICT', SUBSECTION 4.4. 6(DJ, "CONDITIONAL USES AND STRUCTURES ALLOWED', BY REMOVING RESIDENTIAL ALCOHOL AND DRUG TREATMENT F,~cILmEs, AMENDING SECIION ,449 'GENERAL co/,,v~ERaAL tGq ~TRK~T', SUL~CTK)N ,4,19 (DJ, 'CONDmoNAL USES AND SmUCflJ~ES AROW~', BY R~C~G RE~NT~,L ALCOHOL AND DRUG ABU~ T~,I~ fAOLmES wrm SU~TANCE A~JSE ~.ATMENT FACIL~S, AMENDING ,SF..L'f]C~ 4.4 13, 'CE~ BUS~NESS (¢BD) DISTRICT,' SUBS~'TION 4 41:3 ~), 'CONDffIONAL USES AND STRUCTURES ALLOV~D,' BY REPLACING RESIDF. NTIAL ALCOHOL AND DRUG ABUSE 1REATMENT FACILITIES WITH SUBSTANCE ABUSE TREAT~NT FACIU'flES; AMENDING 4 4 16, 'PROFESSIONAl. AND OFFICE JH3D] DL~TRICT,' SUBSECTION 4 4 16 (D), 'CONDfflONAL U~S AND STRUCTURES ALLOWED,' BY REPlACING RESIDENTIAL ALCOHOl. AND RUG AIiUSE TREATMENT FACILITIES Wfl'H SUBSTANCE ABUSE TREATMENT FA.CJLITIE$, AMEN~NG 4 4 17, "R~SIDENI1AL OFFICE J~OJ DISTRICT,' SUBSECTION 4 417 ID), "CONDII~)NAL USES AND STRUCTURES ALLOWED," BY ~PIACING ~StDENTIAL ALCOHOl. AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES, AMENDING 4 4.21, 'COMMUNrP/FACllJllES JCl) DISTINCT," SUBSECTION 4.4 21JDJ, ¢ONDmONAJ. USES AND STRUCflJRES ALLOWED', BY RETLACING RESIDENTIAL ALCOHOL AND RUG ABUSE lJEATMENT I:ACIIJllES WITH SI~STANCE ABUSE TREATMENT FACILITIES, AMENDING 4 4.24, "OU) SCHOOL ,SQUARE HISTOtUC ARTS DIS~ICT JOSSHAD),' SUBSECTION 4 4 24 jDJ, "COND~ONAL USES AND STRUCTURES AllOWED,' BY REMACING RESIDENI1AL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACIIJ11ES, AMENDING SUBSECTION 4.6.9 Iq, "NUMBER OF lARKING SPACES REQUIRED," BY REPlACING RESIDENTIAL ALCOHOl. AND DRUG ABUSE TREATMENT FAClUllES WITH SUBSTANCE ABUSE ~EATMENT FACILITIES, AMENDING AI~ENDIX "A', ~E~ AND DEFINITION," BY REPEAIJNG THE DEFINmONs OF 'NON,RESIDENTIAl. SUBSTANCE ABUSE TREATMENT FACIliTY," "RESIDENTIAL TREATMENT I:ACIUTY," AND "SUBSTANCE ABUSE" IN THEIR ENT1REIY AND ADDING THE DEFINITION OF 'SUBSTANCE ABUSE mEATMENT FABLIng'; P~OVZ~K~ A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECll~ DATE :JO0~ AT 7:00 P,M. ,n dm Comm,~.qo~ Chambers at CW Holl, I00 N W. 1~1 Avenue, Dek~ t~och, F~da If dm pmpc~d c~clin~nce is ~ o~ brst morling, a ~econcl ~ Hec~ng will ~e ~ ~ TUE,~,Y, AU~4JST ~0, IOOf, AT 7'00 P,M, Jot m any continuat~n of such meehng, wh~ ~s ~ ~ su~mit dmlr ~ m ~v~ing on or ~ dm date of dmse heanngs to ~ P~nnmg o~d Zoning Harming and Zeroing D~, City Hall, 100 N W. 1~ Avenue, Deh~y Beach, Fk:m~ 33444 ~mail at pzmaiJ~eh'ay~ning c~g ~ by carling 561,~43-7040,1oelween the hours o~ 8:00 a m and 5.00 @.m, JV~:mc~ thmngh FmC, e~ng ho/~?ays PLEASE BE ADV1SED TI"IAT IF A PE~SC~I DECJDES TO A~'EAL ANY ~ MADE BY TH~ CITY COhV~S~ ~ RESPECT TO ANY t,~TTER CONSIDERED AT THESE HF. ARINGS, SUCH ~EBSO~ /v~¥ NEED TO ENSURE I~IAT A VERBA'flM RECORD INCLUDES THE ~ AND EVIDENCE LJfK)N WHICH THE AR~r. AL IS TO BE BASED. THE CiTY DOES NOT fl~OVIDE NOR ~EPARE SUCH ~-COI~ PIJ~SUANT TO F. $. I CITY OF DELRAY BEACH NOTICE OF PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH TO MODIFY THE DEFINITION AND REGULATIONS PERTAINING TO SUBSTANCE ABUSE TREATMENT FACILITIES AND AMENDING SECTION 4.4.6 MEDIUM DENSITY RKSIDENTIAL (RM) DISTRICT BY REMOVING RESIDENTIAL ALCOHOL AND DRUG TREATMENT FACILITIES AS A CONDITIONAL USE The City Commission of the City of Deiray Beach, Florida, proposes to adopt the following ordinance: DELRAY BEACH, BY REPEAUING SECTION 4~.3(D), 'RESIDENTIAL AND NON- RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACRXI~.~' AND I~NACTING A NEW SECTION 4~3(D), 'SUBSTANCE ABUSE TREATMENT FACILITIES', PROVIDING A DEI~NITION AND ESTABLISHING A MINIMUM CRITERIA ~ SUBSTANCE ABUSE TREATMENT FACILITW~, ADDRESSING THE ~ DATE I:OR EXISTING SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 'COMMUNITY RESIDENTIAL AND GROUP HOMES' TO EXCLUDE CERTAIN SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.6 'MED ,II~M Dt,3qSITY RESIDENTIAL (RM) DISTRICT', SUBSECTION 44.6(D), 'CONDITIONAL USES AND STRUC'TURES ALLOWED', BY REMOVIN~ RESIDENTIAL ALCOHOL AND DRUG TREATMERr FACILITIES; AMF_2~ING SECTION 4.4.9 'GENERAL COMMERCIAL (GQ DISTRICt, SUBSECTION 4.49 (D), 'CONDITIONAL USES AND STRUCTURES ALLOWED', BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.~4.13, 'CENTRAL_ BU$11~SS (CBD) DISTRICT,: SUBSEC~ON 4413 (D), 'CONDITIONAL USES AND STRUCI~IRES ALLOWED,' BY REI~LACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.16, 'PROFESSIONAL AND OFFICE (POD} DISTRICT,' SUBSECTION 4.4. i6 (D), 'CONDITIONAL USES AND STRUCTURES Ag. LOWED,' BY REPLACING RF~AL ALCOHOL AND DRUG ABUSE TREATMEHT FACILITIF~ WITH SUBSTANCE ABUSE TREATMI~NT FACILITIES; AMENDING 4.4.17, 'RES~ OFFICE (RO) DISTRICT,' SUBSECTION 4.4 17 (D), "CONDITIONAL-USES AND ST~JCTURES ALLOWED,' BY REPLACING RESIDENTIAL ALCOHOL ANDDRUCl ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMEh~ING 4.4,9.1, 'COMMUNITY FACILITIES (CF) DISTRICT,' SUBSECTION 4421(D), CONDITIONAL USES AND STRUCTURES ALLOWED',BY REPLACING RESID~rlAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.424, 'OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSH~D),.' SUBSECTION 44.24 (D), 'CONDI]]ONAL USES AND STRUCTURES ALLOWED,' BYREPLACIN~ RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMEIVI' FACILITIES, AMENDING 4 6.9, 'OF~-STREET PARKING REQUIREMENTS,' SUBSECTION 4.69 (C}, "NUMBER OF PARKING SPACES REQUIRED,' BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES, AMENDING APPENDIX 'A!', 'TERM AND DEFINITION,' BY REPEALING THE DEFINITIONS OF "NON-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY,' 'RESIDERTIAL TREATMENT FACILITY,' AND 'SUBSTAN(~£ ABUSE' IN THEIR ENTIRETY AND ADDING THE DEFINITION OF 'SUBSTANCE ABUSE TREATMENT FACILITY'; PROVIDING A SAVINGS CLAUSF~ A GF. aNERAL REPEALER .CLAUSE, AND AN E~T:ETIVE DATE. The C~ty C.x~nm~iou will ~onduc~ two (2) Pubh¢ he~ngs for ~ purpose o~ ~:epdng puMic t~imony ~mling the proposed ordi~umce. The first P~blic lteanng will he held on TUESDAYT AUGUST f~ 2002~ AT ?:~0 P.M, in ~e Commisskm CImmbe~ at Ct~ Hall, 100 N.W. I at Avenue, Delray Beach, Florida. ff the pm~ed ordinance is passed Gu fit~ r,'~4in$, a seco~ Public Heating ~ be held on TUESDAY, AUGU~I' ~0, ~02, AT 7.'~ PM., Dehay Beai~ Florida 33444 (emad at pzmailO(delrgypl~nning org ) or by c~Jmg 7040), between the ho~s of 8'00 a.m. and 5.'00 p.m., Monday tl~ Fnday, excluding I~EASE BE ADVISED THAT IF A FER~ON DECIDES TO ~ ANY DEC'Z$ION MADE BY THE crrY COIVIMISSION WITH RESPECT TO ANY MA'I'IER CONSIDERED AT '11iESE HEARINGS, SUCU PERSON lvlAY NEED TO ENSURE THAT A VERBATD,4 RECORD INCLUDES THE ~ONY AND EVIDENCE UPON WHICH THE APPEAL TS TO BE BASED. THE CITY DOES NOT PROVIDE NOR PREPARE SUCH RECORD PU'R~UANT TO F$. 296.010~. Baltx~ C,,anto Wdmd~,b~ 3], 2002 stated if that in fact was a private access tract the only way access would be granted would be on S.E. 5th Avenue. Mr. Dorling stated the zoning would allow a base of three units and six maximum if performance standards are met. Prior to the vote, Mayor Schmidt stated as Mr. Weiner pointed out this really is to do with zoning and the concerns raised are to do more with the site plan. Furthermore, Mayor Schmidt stated there have also been several statements by Mr. Weiner on behalf of his client that they will work with the adjacent property owner's to make the parking as beneficial as possible. Mr. Levinson moved to adopt Ordinance No. 36-02 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer- Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 33-02 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations to modify the definition and regulations pertaining to substance abuse treatment facilities and amending Section 4.4.6 Medium Density Residential (RM) district by removing residential alcohol and drug treatment facilities as a conditional use. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time The caption of Ordinance No. 33-02 is as follows: 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 REPEALING SECTION 4.3.3(D), "RESIDENTIAL AND NON-RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES" AND ENACTING A NEW SECTION 4.3.3(D), "SUBSTANCE ABUSE TREATMENT FACILITIES", PROVIDING A DEFINITION AND ESTABLISHING A MINIMUM CRITERIA FOR SUBSTANCE ABUSE TREATMENT FACILITIES, ADDRESSING THE EFFECTIVE DATE FOR EXISTING SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.3.3(I), "COMMUNITY RESIDENTIAL AND GROUP HOMES" TO EXCLUDE CERTAIN SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY REMOVING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY REPLACING RESIDENTIAL ALCOHOL -13- 8/20/02 AND DRUG ABUSE TREATMENT FACILITIES WITH SUB STANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT," SUBSECTION 4.4.13 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.16, "PROFESSIONAL AND OFFICE (POD) DISTRICT," SUBSECTION 4.4.16 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT," SUBSECTION 4.4.17 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT," SUBSECTION 4.4.21(D), CONDITIONAL USES AND STRUCTURES ALLOWED", BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)," SUBSECTION 4.4.24 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SUBSECTION 4.6.9 (C), "NUMBER OF PARKING SPACES REQUIRED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING APPENDIX "A", "TERM AND DEFINITION," BY REPEALING THE DEFINITIONS OF "NON-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY," "RESIDENTIAL TREATMENT FACILITY," AND "SUBSTANCE ABUSE" IN THEIR ENTIRETY AND ADDING THE DEFINITION OF "SUBSTANCE ABUSE TREATMENT FACILITY"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33-02 is on file in the City Clerk's office.) -14- 8/20/02 The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Doffing, Director of Planning and Zoning, stated earlier this year, the Florida Legislature amended Chapter 397, Florida Statutes, regarding the regulation of Substance Abuse Treatment Facilities, which became effective July 1, 2002. Thus, the City's Land Development Regulations regarding treatment facilities require amendment to conform to the State's requirements under Chapter 397, Florida Statutes. The amendment involves repealing LDR Section 4.3.3(D) (Residential and Non-Residential Alcohol and Drug Abuse Treatment Facilities), which lists specific requirements for substance abuse treatment facilities. Mayor Schmidt declared the public hearing open. Carolyn Zimmerman, President's Council of Delray, 212 S.W. 2nd Avenue~ Delray Beach~ stated she does not fecl there is anything behind thc opposition to thc ordinance except money. Ms. Zimmcrman stated people are coming into town purchasing residential property and have turned it into sober living spaces, not for thc purpose of helping people but to make money on them. Ms. Zimmcrman urged the Commission to not ignore the discomfort of the regular citizens of Delray and suggested that the Commission move forward and look for solutions. Furthermore, Ms. Zimmcrman stated if this ordinance does not pass, she suggested that the City usc its own Code of Ordinances and Code Enforcement to ensure that all these facilities have a license and are operating under the proper regulations. George Jahn, 220 S.E. l0th Streeh Delray Beach~ expressed opposition to the proposed ordinance in its entirety in particular the inclusion of so called "half-way houses" as substance abuse treatment facilities and their subsequent exclusion from existing in virtually 95 percent of the available rentals in Delray Beach. Mr. Jahn stated sober living provides a safe supportive drug-free environment for adults in recovery who have chosen to live in the semi- structured rental apartments. Mr. Jahn commented about some misinformation in newspaper articles about his facility and stated they have never received any monies from any insurance companies whatsoever and never had anyone leave in the event of a so called "relapse" without making some appropriate destination. Mr. Jahn stated it is important to note that the vast majority of the residents stay for the duration of their leases and have moved to other areas of the community and continue their lives as responsible and contributing members of the community. Hope EHis~ 2496 Sundy Avenue~ Delray Beach~ representing the Woods of Southrid~,e Homeowners' Association~ reported that there are currently five sober houses within the 110 home development and stated she has contacted Code Enforcement about the number of cars parked in the street and driveway, the garages that are being rented as bedrooms, and the meetings being held in the homes. Ms. Ellis stated she was informed by Code Enforcement that five unrelated individuals are permitted to live together in a home. Ms. Ellis urged the Commission to look at what can be done and support Code Enforcement. Dawn Jonas~ owner of the Recovery Zone~ 10709 N.W. 7th Streeh Boca Raton~ stated she is a recovered addict who stated in her recovery she was taught to reach out -15- 8/20/02 and help the newly recovering addict by setting an example and give them hope. Ms. Jonas stated she and her husband own four businesses in Delray one of which is called the "Recovery Zone" and stated there is a necessity for these kinds of facilities. Ms. Jonas urged the Commission to table this item and give the City of Delray Beach a chance to work through some of the issues. Keith Sinert, 206 S.E. 1st Avenue, Delray Beach, stated he is a proud property owner of the Savoy Condos and commented that he is doing the right thing by getting his life back on track. Mr. Sinert stated everyone needs each other and does not feel he should have to move to another location. Mr. Sinert stated that he has a residential facility that is zoned RM and commented that he shares a driveway with a construction company which he does not feel is right. Roeer Boos, 3655 Lakeview Blvd., Delray Beach and owner of Delray Place located at 220 S.E. 10t~ Street, Delray Beach, stated Sober Living of Delray rents 32 units out of his 51 units and stated he has never had any problem with his tenants. Joanne Genet, 2459 Southridge Road, Delray Beach, stated she understands the sober living homes have done well for people; however, she lives in a residential area. She is concerned for the safety of her child as well as her home and feels sober living homes should be placed in a medically zoned area not in a residential area. Harold Jonas, owner of the Recovery Zone located at 1079 N.W. 7th Street, Boca Raton, stated he has multiple locations and provides housing for thirty-five recovering addicts. Mr. Jonas stated he has been in business since 1995 and wish to continue to be productive proactive property owners. Mr. Jonas continued to state that they work hard to effectively manage their properties and tenants by instilling a sense of community and responsibility. He urged the Commission to table this ordinance and entered into the record the National Directory of Alcohol and Drug Abuse Program for 2001 published by the government which lists over 8,500 facilities from across the country to show that this is a national health epidemic. In addition, Mr. Jonas entered into the record information regarding the Fair Housing Act. Michael Rodrieuez. Attorney with Sachs, Sax & Klein, P.A., and represents the Watershed Treatment Facility, stated the patients of the Watershed Treatment Facility are voluntarily admitted and stated it has been expressed that the City of Delray Beach seems to be following along the lines of Boca Raton with regard to trying to eliminate these sober houses. Mr. Rodriguez stated the Boca Raton ordinance is being examined for possible violations of the Fair Housing Act. Mr. Rodriguez stated the elimination of the distinction between residential and non-residential opens the door for possible liability under the ADA Act by discriminating against those recovering addicts who are deemed by creating offices that are to treat them to go through the additional hurdle of a conditional use approval in zones where they are currently permitted. Mr. Rodriguez strongly urged the Commission to table this ordinance or not adopt at all. -16- 8/20/02 Dr. Larry Kirkland, 240 S.E. l0th Street, Delray Beach, stated his area of specialty work is primarily that of new drug research and development treatment and prevention of HIV infection. Dr. Kirkland stated he has taught at the medical school level and at the university school level on infectious disease transmission and how these relate to active drug abuse. Dr. Kirkland urged the Commission to support the existence of half-way houses and the recovery community. Peter Harriean, 705 S. Linton Boulevard (Palm Gardens)~ Delray Beach, stated he rents to the Watershed for their residential use and emphasized that they do not provide any treatment on the facility. Mr. Harrigan stated the residents have been excellent tenants and urged thc Commission to table this ordinance. Lorraine Jahn, Attorney who represents the Delray Beach Recovery Association (recently formed group of owners of sober houses in Delray Beach), stated under the Federal Fair Housing Administration Act (FFHA) that recovering drug addicts and alcoholics are a disabled group. Ms. Jahn stated that a municipality has an affirmative duty to make reasonable accommodations to afford people with disabilities the same opportunity to housing as those without the disabilities. Ms. Jahn urged the Commission to not adopt Ordinance No. 33- 02. Nicholas Tullo, 738 S.E. 5th Avenue, Delray Beach, stated he was former owner of a duplex which he leased to a person who operated a sober living facility for women. Mr. Tullo stated he spent a lot of time on the property because he did all the maintenance and thus got to know the residents. Mr. Tullo stated the people who manage the facilities are in it because the primary service is part of giving back the benefit of their own sobriety. Mr. Tullo urged the Commission to table the ordinance for further review. Silvia Hastings, 2465 Southridge Road, Delray Beach, expressed concern for the safety of her children and urged the Commission to monitor the problems in the neighborhood. June Phoenix~ (unable to obtain address)~ stated she is a recovering addict for over two years and stated recovery works. Furthermore, Ms. Phoenix stated Palm Gardens and Watershed saved her life and stated she is proud to be a recovering addict. Lawrence O'Kaily, 206 S.E. 1st Avenue~ Delray Beach, stated it is a misconception that the sober houses are in it for the money but rather provide a safe environment. Mr. O'Kaily stated he has been a recovered addict for over two years and without the recovery system in Delray Beach many addicts would not have a chance to be productive in life. Mr. O'Kaily stated these people are not the cause of violence in Delray Beach. Mr. O'Kaily urged the Commission to table this ordinance. Bunny Elrod~ 302 S.W. 1st Avenue~ Delray Beach and President of the Merritt Park Homeowners' Association~ stated there is not one of us that does not want to see people have the chance for recovery but as residents of the City of Delray, she feels they have the right to restrict where these places are located. -17- 8/20/02 Norbert Poli, 235 N. Swinton Avenue~ Delray Beach and operates Light House at Delray Beach~ Inc. (112 S.W. 1st Avenue)~ commented how they contribute to the tax base in the community and stated the recovering addicts do not equate to more crime and more problems in the neighborhood. Stephen Kenned¥~ 1401 N.W. 15m Avenue~ Unit #8~ Boca Raton~ stated he is eternally grateful to the City of Delray Beach because in 1985 he was homeless and given an opportunity to recover. Mr. Kennedy stated he has been sober for sixteen years and commented that he feels he was given another chance at life. Gary Guzzo, 330 Harmon Court~ Delray Beach~ stated he spent nine months in a sober living facility and commented that this ordinance will not touch the people that are doing the wrong thing but will affect the larger organizations that are helping people. There being no one else from the public who wished to address the Commission regarding Ordinance No. 33-02, the public hearing was closed. Mrs. Archer stated Delray Beach has always been receptive to treatment facilities and recovering individuals. Mrs. Archer stated she has no problems with people that are clean and sober and who are in recovery. Mrs. Archer stated these people deserve a safe place to live and commented that a sober house is usually a short-term transient rental. Mrs. Archer stated when the landlord can accept rent from an individual and then without due notice or the refund of any unused rent put that individual out on the street unexpectedly and without resources, she feels that the landlord is taking advantage of the disabled. Mrs. Archer stated these individuals are being taken advantage of by unscrupulous landlords and are left to beg, steal to eat, or become homeless. Therefore, Mrs. Archer stated sober houses need to be regulated and supervised either by the treatment centers or by some association of themselves. Mr. Perlman concurs with comments expressed by Mrs. Archer and stated there is a perception that the Commission is looking to eliminate these facilities but instead the Commission is looking to create a situation that there be peaceful coexistence. Mr. Perlman suggested that they continue this dialogue and commented that he would like to know or hear more about the Police Officer's perspective and statistics on what is happening in the neighborhoods. Ms. McCarthy stated she would like to applaud all the people who spoke this evening about their experiences. Ms. McCarthy stated she believes in equality for all human beings and commented that the issue is for citizens to be able to coexist not only with people that are in the sober houses but also to coexist with the neighborhoods. Ms. McCarthy encouraged these people to work together at finding a solution and help with suggestions in order to make this work. Mr. Levinson stated he feels an appropriate position would be to vote against the ordinance and direct staff to work with the Department of Justice to see if something can be worked out or resolved between the neighborhoods and the sober houses. -18- 8/20/02 Mayor Schmidt stated this is a very difficult issue and commented about some people from the public talking about being good neighbors. Mayor Schmidt stated a comment was made about how the recovery community does attract people to Delray Beach but he feels it needs to be regulated in some way. Mayor Schmidt suggested that the Commission table this ordinance and get together with the Delray Beach Recovery Association and the Department of Justice to see if they can craft some compromise language. Mrs. Archer moved to table Ordinance No. 33-02 and include the citizens that represent the other side, and proceed with bringing the City's current ordinance in line with the State ordinance to conform to State law, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 35-02: An ordinance amending the Future Land Use Map (small-scale) from County MR-5 (Medium Residential 5-units per acre) to City LD (Low Density Residential 0-5 du/ac) and annexation with initial zoning of R-l-AAA (Single Family Residential) for the Koeser Residence, located on the west side of Barwick Road, approximately 260 feet north of the L-31 canal (13341 Barwick Road). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. Quasi-Judicial (as to zoning) Public Hearing The caption of Ordinance No. 35-02 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND ON THE WEST SIDE OF BARWICK ROAD, APPROXIMATELY 260 FEET NORTH OF THE L-31 CANAL (13341 BARWlCK ROAD), AS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO THE CITY; REDEFINING THE CITY'S BOUNDARIES TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AFFIXING LAND USE DESIGNATION OF LD (LOW DENSITY RESIDENTIAL 0-5 DU/AC) FOR SAID LAND TO THE FUTURE LAND USE MAP IN THE CITY'S COMPREHENSIVE PLAN; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE PLAN AMENDMENTS; PROVIDING FOR ZONING SAID LAND TO R-l-AAA (SINGLE FAMILY RESIDENTIAL) DISTRICT; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE (The official copy of Ordinance No. 35-02 is on file in the City Clerk's office.) -19- 8/20102 Mrs. Archer moved to approve authorizing contract negotiations with Ward Northrup to provide architectural services for needed improvements at the Municipal Golf Course, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 33-02 (FIRST READING/FIRST PUBLIC HEARING}: An ordinance amending the Land Development Regulations to modify the definition and regulations pertaining to substance abuse treatment facilities and amending Section 4.4.6 Medium Density Residential (RM) district by removing residential alcohol and drug treatment facilities as a conditional use. If passed, a second public hearing will be scheduled for August 20, 2002. Prior to consideration of passage of this ordinance on First Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 33-02: 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 REPEALING SECTION 4.3.3(D), "RESIDENTIAL AND NON-RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES" AND ENACTING A NEW SECTION 4.3.3(D), "SUBSTANCE ABUSE TREATMENT FACILITIES", PROVIDING A DEFINITION AND ESTABLISHING A MINIMUM CRITERIA FOR SUBSTANCE ABUSE TREATMENT FACILITIES, ADDRESSING THE EFFECTIVE DATE FOR EXISTING SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.3.3(I), "COMMUNITY RESIDENTIAL AND GROUP HOMES" TO EXCLUDE CERTAIN SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.6 "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SUBSECTION 4.4.6(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY REMOVING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) -12- 08/06/02 DISTRICT," SUBSECTION 4.4.13 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.16, "PROFESSIONAL AND OFFICE (POD) DISTRICT," SUBSECTION 4.4.16 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT," SUBSECTION 4.4.17 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT," SUBSECTION 4.4.21(D), CONDITIONAL USES AND STRUCTURES ALLOWED", BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)," SUBSECTION 4.4.24 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING SUBSECTION 4.6.9 (C), "NUMBER OF PARKING SPACES REQUIRED," BY REPLACING RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES WITH SUBSTANCE ABUSE TREATMENT FACILITIES; AMENDING APPENDIX "A", "TERM AND DEFINITION," BY REPEALING THE DEFINITIONS OF "NON-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FACILITY," "RESIDENTIAL TREATMENT FACILITY," AND "SUBSTANCE ABUSE" IN THEIR ENTIRETY AND ADDING THE DEFINITION OF "SUBSTANCE ABUSE TREATMENT FACILITY"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEAl.ER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33-02 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -13- 08/06/02 Paul Dorling, Director of Planning and Zoning, stated the changes included to modify the current location restrictions of 1200 feet from public and private, elementary, middle and secondary schools to 1,000 feet to be consistent with the State Statute. The amendment also involves changing the definition of substance abuse treatment facilities, and accordingly renaming residential and non-residential alcohol and drag abuse treatment facilities to substance abuse treatment facilities throughout the LDR's. The largely substantial item of this amendment involves removing treatment facilities from the RM (Medium Density Residential) zoning district, as a conditional use. Mr. Doffing stated the drug abuse facilities are allowed as a conditional use in business and commercial districts as well as OSSHAD and RO (Residential Office) and RM (Medium Density Residential). At its meeting of July 15, 2002, the Planning and Zoning Board held a public hearing regarding this item and after discussing the text amendment, the Board voted 7-0 to recommend approval of the proposed text amendment based upon positive findings with respect to LDR Section 2.4.5(M), with associated grammatical changes as determined by the City Attorney. Mayor Schmidt declared the public hearing open. Sandra Allan, 2553 Bessie Street, Delray Beach, stated some of the residential homes in her community are being bought and rented by large alcoholic groups. Ms. Allan stated a substance drug abuse facility belongs in a medical zoned area not next to schools or in residential communities. Furthermore, Ms. Allan commented about apartments on the corner of Linton Boulevard and stated originally these apartments in the front were only supposed to be for people to live in and rent. Ms. Allan stated according to the City code there was only supposed to be a certain percentage that would be utilized for that purpose and now these apartments are being used 100 percent for that purpose. Carolyn Zimmerman~ 212 S.W. 2nd Avenue, Delray Beach, and President of the Presidents Council, feels this is bad for the communities and hopes this ordinance is something that is going to eliminate these types of facilities from residential areas and stated she would appreciate the help of the Commission. Gloria Elliott, 345 S. Swinton Avenue, Delray Beach, stated she lives in the hub of the rehab section and commented that many of these homes are being purchased within approximately 1 V2 weeks. Ms. Elliott stated the City should limit the number of drug treatment facilities if there is going to be a designated section of town for them. Furthermore, Ms. Elliott suggested that the Fire Department properly check these properties for smoke detectors, etc. Bunny Elrod, 302 S.W. 1st Avenue, Delray Beach, stated if Boca Raton can have a strong enforcement law and if Boynton Beach can put their facilities in a business park, why is Delray Beach the only City that disperses these houses among residential neighborhoods. Ms. Elrod stated she does not understand why every other town appears to be able to control it. John Bennett, 137 Seabreeze Avenue, Delray Beach, stated he feels it is great that staff has moved forward on this new legislation and stated he would like the assurance that -14- 08/06/02 this is the maximum rate the new legislation gives us. Mr. Bennett stated that Boca Raton seems to have stricter requirements and suggested that staff review the landlord regulations. There being no one else who wished to address the Commission regarding Ordinance No. 33-02, the public hearing was closed. Mayor Schmidt commented that according to the newspaper articles it appears that Boca Raton is prohibiting these facilities in residential areas. Mr. Dorling stated Boca Raton is allowing these types of facilities in motel/hotel districts. The City of Delray is currently allowing them in commercial and office districts. These facilities are allowed in RM (Medium Density Residential) and are not allowed in single family districts. Mr. Dorling stated these facilities are being taken out of all residential districts. He further stated OSSHAD (Old School Square Historic Arts District) and RO (Residential Office) is currently allowed as conditional uses and are not being proposed to remove them because they are mixed use districts. Mr. Doding stated the definition has changed to say that they can be residential in nature only and there would be no on-site drug counseling going on but they would still be considered by definition substance abuse. The City Attorney stated it does comport with the new State law and is identical in that regard to the Boca Raton ordinance. Mr. Dorling commented the Statute also gives 18 months to comply and the Health Department will not issue the required permits until they get a letter from the City saying that they have the proper zoning in place. Furthermore, Mr. Dorling commented that when the 18 months approaches, all the existing facilities that require licensing from the Department of Health would need to move. Mrs. Archer commented that the Drug Task Force made a recommendation that the Commission approve this ordinance and enforce a rental permit requirement that requires anyone who rents their property to obtain a permit. One of the things this will do is at the end of 18 months it will force a sober house or residential facility to declare itself either as a residential facility (which requires licensing) or if they are not, they will require a license which means they are subject to meeting all of the requirements for eviction that any rental would have to meet. Mrs. Archer continued to state this may help to regulate some of these homes that have been unregulated to this point and will also put the City in a position to put them on notice and monitor the number of people they have living in a residence. Mrs. Archer reiterated that the Drug Task Force would like to see more enforcement of this and that if Code Enforcement discovers that there is a problem with either the number of people or the way that they have handled an eviction, that we as a City send them a notice that they are in violation of the law and requirements. Mr. Levinson stated this is a good step forward particularly with making the City of Delray Beach in compliance with State law. Mr. Levinson stated he had a discussion with Dave Freudenberg, Boca Raton Council Member, and it appears that the City of Boca Raton and the City of Delray Beach are much closer together now in concept in the different pieces of what 08/06/02 we can do. Mr. Levinson suggested the City of Delray Beach "pow-wow" officially with the City of Boca Raton's Planning Department and legal staff to make sure we are going far enough. Mr. Levinson suggested that the City of Delray Beach enforce the landlord permits and work with the City of Boca Raton and the City of Boynton Beach to make sure everyone is in concurrence. Mr. Perlman stated he feels this is a good first step and agrees that the City of Delray Beach should continue to work with the City of Boca Raton. Mr. Pedman commented he would eventually like to go further and see the use taken out of the RO (Residential Office) and the OSSHAD zoning districts. Mr. Levinson commented that there has to be some place for these facilities to be and the City has provided for that in certain districts but asked where the City draws the line. The City Attorney recommended that the ordinance be passed and then take a look into applying this to the RO (Residential Office) and the OSSHAD district. Mrs. Archer concurred with the City Attorney and suggested that the other districts be reviewed at a later date. Ms. McCarthy asked what the zoning is for drag abuse facilities. In response, Mr. Dorling stated that the zoning is CF (Community Facilities). Ms. McCarthy asked if it is possible that many of these types of facilities have some type of office or administration use so is that was one of the reasons why RO was one of the zonings the City attempted to have. Mr. Dorling explained that there are facilities which have an office component and there are other facilities like the ones that have occurred in RM which are strictly residential. Ms. McCarthy stated she thought most of the citizens' complaints were the fact that these types of facilities were appearing in residential areas and commented when these are placed in an RM zoning district many people are not even aware of it. Ms. McCarthy stated she was under the impression that Ordinance No. 33-02 would help to deter this from happening in residential areas. For clarification, Mr. Dorling reiterated in 18 months all facilities are required to provide verification from the municipality that they are allowed to be located where they are located and then there would be licenses issued based upon that letter. If facilities located in the RM zoning district come to the City and ask for a letter, the City will provide them one as they are not allowed in the RM district and therefore they would not receive the necessary licensing to continue. Brief discussion continued by the Commission. After discussion, it was the consensus of the Commission to review this in 18 months. Mrs. Archer moved to adopt Ordinance No. 33-02 on FIRST READING/FIRST PUBLIC HEARING, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; -16- 08/06/02 Mayor Schmidt - Yes. Said motion passed with a 5-0 vote. 10.B. ORDINANCE NO. 25-02: An ordinance adopting a Future Land Use Map Amendment (Small-Scale) from CMR (Commerce) in part and GC (General Commercial) in pan to CMR (Commerce) and rezoning from MIC (Mixed Industrial and Commercial) in part and GC (General Commercial) in pan to MIC (Mixed Industrial and Commercial) for a 1.80 acre parcel of land located at the northwest comer of West Atlantic Avenue and Interstate-95 known as Depot Square Historic Site (former train station - 80 Depot Avenue). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. Quasi-judicial (as to zoning) Public Hearing The City Manager presented Ordinance No 25-02: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM CMR (COMMERCE) IN PART AND GC (GENERAL COMMERCIAL) IN PART TO CMR (COMMERCE) ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT AND MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT TO MIC (MIXED INDUSTRIAL AND COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE NORTHWEST CORNER OF WEST ATLANTIC AVENUE AND INTERSTATE-95 (FORMER TRAIN STATION DEPOT), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, FEBRUARY, 2002"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 25-02 is on file in the City Clerk's office.) Mayor Schmidt stated this item has been withdrawn by the applicant. 10.B.1. CONDITIONAL USE REQUEST: Consider a conditional use request to allow the establishment of a monument and ornamental stone cutting facility for Natural Stone Fabrication, located at the northwest comer of West Atlantic Avenue and Interstate-95 (known as Depot Square Historic Site). Quasi-Judicial Hearing Mayor Schmidt stated this item has been withdrawn by the applicant. 10.C. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (FY 2002 - 2003): Consider approval of the Community Development Block -17- 08/06/02