Ord 15-04ORDINANCE NO. 15-04
AN ORDINANCE OF THE CItY COMMISSION OF THE
CItY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, FLORIDA, CHAPTER FOUR,
"ZONING REGULATIONS", BY AMENDING SECTION
4.3.3(1), "COMMUNItY RESIDENTIAL HOME AND
GROUP HOMES", TO PROVIDE CONSISTENCY
THROUGHOUT THE LAND DEVELOPMENT
REGULATIONS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission recently adopted an ordinance mending the City's Land
Development Regulations in order to reflect the legislative changes regarding change in the
terminology of residential and non-residential alcohol and drug abuse treatment facilities; and
WHEREAS, the City Commission found a remaining area of inconsistency after adopting
the recent code changes; and
WHEREAS, the City Commission desires to remedy the remaining inconsistency in order to
avoid confusion.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.3.3(1), "Community Residential and Group Homes", of the
Land Development Regulations of the City of Delray Beach, Florida, be amended to read as follows:
(1) 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;
A physically disabled or handicapped person as
defined in Section 760.22(7)(a), i----1..~11~ ~ut not
A developmentally disabled person as defined in
Section 393.063(12);
A nondangerous mentally ill person as defined in
Section 394.455(18); or,
A child as defined in Section 39.01(14), Section
984.03(9) or (12), or Section 985.03(8).
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. 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,~N~D .~tDOPTED in regular session on second and final reading on this the
day of ~ .2004.
2 ORD. NO. 15-1M
~ ~'~AYOR ~
ATTEST:
City Clerk
First Reading~~
Second Reading~
3 ORD. NO. 15-04
MEMORANDUM
TO:
FROM:
SUBJECT:
MAYOR AND CITY COMMISSIONERS
CITY MANAGER ~
AGENDA ITEM # ~ O }~x - REGULAR MEETING OF APRIL 13, 2004
ORDINANCE NO. 15-04
DATE: APRIL 9, 2004
This is second reading and second public hearing for Ordinance No. 15-04 amending the Land
Devdopment Regulations ([,DR) Chapter 4, "Zoning Regulations", Section 4.3.3(I), "Community
Residential Home and Group Homes" in order to correct an inconsistency created from recent LDR
changes regarding the terminology of residential and non-residential alcohol and drug abuse treatment
facilities.
At the first reading on March 11, 2004, the Commission passed Ordinance No. 15-04.
Recommend approval of Ordinance No. 15-04 on second and final reading.
S:\City Clerk\agenda memo~.Ord 15-04.Group Homes Terminolo~.04.13.04
TO:
THRU:
FROM:
SUBJECT:
JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRL~T~~ ~
MEETING OF MARCH 11, 2004
AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION
4.3.3(I) "COMMUNITY RESIDENTIAL HOME AND GROUP HOMES" IN
ORDER TO CORRECT AN INCONSISTENCY CREATED FROM RECENT LDR
CHANGES REGARDING THE TERMINOLOGY OF RESIDENTIAL AND NON-
RESIDENTIAL ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES
On February 3, 2004, the City Commission adopted an ordinance amending the City's Land
Development Regulations regarding Alcohol and Drug Abuse Treatment Facilities to conform to
the State's requirements under Chapter 397, Florida Statutes. The amendment repealed the
definitions for "Residential and Non-residential Alcohol and Drug Abuse Treatment Facility",
enacted new definitions for "Residential and Non-Residential Licensed Service Provider", and
changed the reference from "alcohol and drug abuse treatment facilities" to "Licensed Service
Provider Facilities" to be consistent with the terminology of such facilities in State Statutes. In
making these changes, a reference to alcohol and substance abuse treatment facilities in LDR
Section 4.3.3(I) was overlooked. The proposed amendment is to remedy the remaining
inconsistency in order to avoid confusion.
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
February 23, 2004. There was no public testimony regarding the proposed amendment. After
discussing the amendment, the Board voted 4-0 (Borchardt & Pike absent) to recommend to the
City Commission approval of the proposed amendment to the Land Development Regulations
Section 4.3.3(I) "Community Residential Home and Group Homes" based upon positive findings
with respect to LDR Section 2.4.5(M).
By motion, approve on first reading the ordinance amending Land Development Regulations
Section 4.3.3(I) "Community Residential Home and Group Homes", based upon positive
findings with LDR Section 2.4.5(M), and set a public hearing on April 13, 2004.
Attachment: Proposed Ordinance
ORDINANCE NO. 15-04
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY
OF DELRAY BEACH, FLORIDA, CHAPTER FOUR,
"ZONING REGULATIONS", BY AMENDING SECTION
4.3.30), "COMMUNITY RESIDENTIAL HOME AND
GROUP HOMES", TO PROVIDE CONSISTENCY
THROUGHOUT THE LAND DEVELOPMENT
REGULATIONS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission recendy adopted an ordinance amending the City's Land
Development Regulations in order to reflect the legislative changes regarding change in the
terminology of residential and non-residential alcohol and drug abuse treatment facilities; and
WHEREAS, the City Commission found a remaining area of inconsistency after adopting
the recent code changes; and
WHEREAS, the City Commission desires to remedy the remaining inconsistency in order to
avoid confusion.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 4.3.30), "Community Residential and Group Homes", of the
Land Development Regulations of the City of Delray Beach, Florida, be amended to read as follows:
0) 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 drag
abuse treatment faciLities as regulated in LDR Section 4.3.3(13).
(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;
A physically disabled or handicapped person as
defined in Section 760.22(7)(a),~'~flfiag-S~--~
A developmentally disabled person as defined in
Section 393.063(12);
A nondangerous mentally ill person as defined in
Section 394.455(18); or,
A child as defined in Section 39.01(14), Section
984.03(9) or (12), or Section 985.03(8).
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. 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
day of ,2004.
2 ORD. NO. 15-04
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
3 ORD. NO. 15-04
CITY OF DB. RAY BEACH
NOTICE OF PROPOSED AMENDMI~T TO
THE LAND DEVB.OPMENT REGULATIONS
SECTION 4~ COMMUNrrY RESIDENI1AL
HOME.N~ID GROUP HOMES TO PROVIDE
CONSISTB~Y THROUGHOUT THE LAND
DEV~OPM~ REGULATIONS
The City Commission of the City of Delray Beach, Florida, proposes to adopt
the following ordinance:
ORDINANCE NO. 15-04
AN ORDINANCE OF THE CI~ COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CITY OF DELRAY BEACH, FLORIDA, CHAPTER FOUR, "ZONING REGULA-
TIONS", BY AMENDING SECTION 4.3.3(I), "COMMUNrI'Y RESIDENTIAL
HOME AND GROUP HOMES", TO PROVIDE CONSISTENCY THROUGHOUT
THE LAND DEVELOPMENT REGULATIONS; PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the purpose
of accepting public testimony regarding the proposed ordinance. The first
Public Hearing will be held on THURSDAY. MARCH 11.2004. AT 7:00 RM.
in the Commission Chambers at City Hall, 100 N.W. 1st Avenue, Delray
Beach, Florida. if the proposed ordinance is passed on first reading, a sec-
ond Public Hearing will be beid on 'RJESDAY. APRIL 13, 2004, AT 7:06 RM.
(or at any canUnuation of such meeting which is set by the Commission).
NI interested citizens are invited to attend the public hearings and com-
ment upon the proposed ordinance or submit their comments in wdtieg on
or before .the date of these hearings to the Planning and Zoning
Department. For further information or to obtain a copy of the proposed
ordinance, please contact the Planning and Zoning Department, City Hall,
100 N.W. 1st Avenue, Delray Beach, Florida 33444 (email at
nzmail@mvdelravbeach.com) or by calling 561/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holi-
days.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATrER CON-
SiDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT
A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED. THE CFfY DOES NOT PROVIDE NOR
PREPARE SUCH RECORD PURSUANT TO ES. 286.0105.
CITY OF DELRAY BEACH
Barbara Gadto, CMC
City Clerk
PUBLISH: Boca Raton/Delray Beach News
AD #NS03045
Wednesday, March 3, 2004
Wednesday, Niril 7, 2004
CITY OF DELRAY BEACH
NOTICE OF PROPOSB) AMENDMENT TO
THE LAND DEVB.OPMENI' REGULATIONS
HOME AND GROUP HOMES TO PROVIDE
CONSISTB~Y THROUGHOIJT THE LAND
DEVB.OPMB~ REGULATIONS
The City Commission of the City of Delray Beach, Florida, proposes to adopt
the following Ordinance: ·
ORDINANCE NO. 15-04
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELHAY
BEACH, FLORIDA' AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CiTY OF DELBAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZON-
ING REGULATIONS", BY AMENDING SECTION 4.3.3(I), "COMMUNITY RESI-
DENTIAL HOME AND GROUP HOMES", AS A HOUSEKEEPING MA'I-FER, IN
ORDER TO PROVIDE CONSISTENCY THROUGHOUT THE LAND DEVELOP-
MENT REGULATIONS; PROVIDING A SAVING CLAUSE, A GENERAL REPEAL-
ER CLAUSE, AND AN EFFECTIVE DATE.
The City Commission will conduct two (2) Public Hearings for the puq)ose
of accepUn9 public testimony regarding the pmpossd ordinance. The first
Public Rearing will be held on THURSDAY. MARCH 11, 2004. AT 7.'00 RM,
in the Commission Chambers at City Hail, 100 N.W. 1st Avenue, Delray
Beach, Florida. tithe proposed ordinance is passed on first reading, a sec-
ond Public Hearing will be held on ]UESDAY. APRIL 13. 2004. AT 7:00 RM.
(or at any contianaUon of such meeting which is set by the Commission).
All interested citizens are invited to attend the public hearings and com-
ment upan the proposed ordinance or submit their comments in writing on
or before the date of these hearings to the Planning and Zoning
Department. For fudhor informaUco or to obtain a copy of the proposed
ordinance, please contact the Planning and Zoning Deparlment, City Hall,
100 N.W. 1st Avenue, Delray Beach, Florida 33444 (email at
pzmail@mvdelmvbeach.coml or by calling 561/243-7040), between the
hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding holi-
days.
PLEASE BE ADVISED THAT IF A PERSON DECIDES TO APPF../~ANY DECISION
MADE BY THE CITY COMMISSION wrrH RESPECT TO ANY IVIA'EFER CON-
SIDERED AT THESE HEARINGS, SUCH PERSON MAY NEED TO ENSURE THAT
A VERBATIM RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED. THE CITY DOES NOT PROVIDE NOR
PREPARE SU~,H RECORD PURSUANT TO F.S. 286.0105.
PUBUSH: Boca Raton/Delray Beach News
AD ~NS03045
Wednesday, March 3, 2004
Wednesday, ~ 7, 2O04
CITY OF DEl-BAY BEACH
Barbara Garito, CMC
City Clerk