CITY OF DEERFIELD BEACH Request for City Commission Agenda

Transcription

1 Item: CITY OF DEERFIELD BEACH Request for City Commission Agenda Agenda Date Requested: October 1, 2013 Contact Person: Gerald R. Ferguson, Director of Planning & Development Services Description: Amending various sections of the Land Development Code relating to: definitions of alcoholic beverage establishments, medical clinics, group counseling, hospital, and specialty hospital; amending the permitted and conditional uses in the following zoning districts: B-1, B-2, B-3, RSO, DBR, TOD, CF and OP; amending Schedule B off-street parking requirements. Fiscal Impact: Not applicable Budget Line Item Number and Title: Not applicable Required Attachment: A Cover Memo from the Department Head to the City Manager further describing the request and providing back-up information and documents. THIS SECTION RESERVED FOR PROCESSING OF THE REQUEST X Ordinance Resolution X Consent Agenda Agenda Item Type Presentation Written Request Public Hearing Public Hearing Second Reading Quasi-Judicial Public Hearing General Item Comments: ITEM APPROVED FOR THE AGENDA: krk 9/25/13 Signature Date

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3 ORDINANCE NO. 2013/ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA AMENDING SECTIONS 98-3 RELATING TO DEFINITIONS OF ALCOHOLIC BEVERAGE ESTABLISHMENT, MEDICAL CLINIC, GROUP COUNSELING, HOSPTIAL AND SPECIALTY HOSPITAL; AMENDING SECTIONS 98-52, 98-52A, 98-53, 98-54, 98-55, 98-55A, AND AMENDING THE PERMITTED AND CONDITIONAL USES IN THE FOLLOWING ZONING DISTRICTS: B-1, B-2, B-3, RSO, DBR, TOD, CF AND OP; AMENDING SCHEDULE B OFF-STREET PARKING REQUIREMENTS; CONTAINING A PROVISION FOR INCLUSION IN THE CODE; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN EFFECTIVE DATE WHEREAS, the City Commission wishes to amend and clarify the permitted and conditional uses in the various business zoning districts; WHEREAS, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA THAT: SECTION 1. Section 98-3 Definitions of the City of Deerfield Beach Land Development Code is hereby amended to read as follows: Sec Definitions. For the purpose of enforcing and administering this Code, the following words shall have the definition and meanings (and regulations related thereto) as herein set forth. Alcoholic beverage establishment means any establishment devoted primarily (more than 50% of gross sales) to the retail sale of alcoholic beverages for consumption on and/or off the premises. Clinic, medical means a facility which does not provide for overnight accommodations wherein professional services concerning personal health of humans are administered by medical doctors, chiropractors, osteopaths, optometrists, dentists, counselors, therapists, clinical social workers, psychologists, psychiatrists or any other such profession which may lawfully be practiced in the State of Florida. Pain management clinics shall specifically by excluded from this definition. Deleted portions struck through; added portions underlined 1

4 Group Counseling/treatment means the treatment or counseling of more than two persons not related through blood, marriage, domestic partnership or legal adoption. Hospital means an institution providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity and other physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, out-patient facilities or training facilities. Hospital, specialty means a facility which provides overnight accommodations wherein professional services concerning personal health of humans are administered by medical doctors, chiropractors, osteopaths, optometrists, dentists, counselors, therapists, clinical social workers, psychologists, psychiatrists or any other such profession which may lawfully be practiced in the State of Florida. Substance abuse treatment facility means a service provider or facility that is licensed or required to be licensed pursuant to F.S (18). SECTION 2. Sections 98-52(a) and (b), RSO, Residential/Office of the City of Deerfield Beach Land Development Code are hereby amended to read as follows: Sec RSO, residential/office. (a) Purpose. To provide for a zoning district of sufficient aesthetic quality and limited level of intensity, including consideration of noise and traffic generation, to serve as a buffer between a major thoroughfare and single-family zoning district which would allow reasonable use of the property without detrimental or adverse effects to abutting properties and which, by virtue of controlled design and maintenance, will add to the aesthetic development of a central boulevard. This district is intended to be limited in application to those areas of the city where residential property abuts a major thoroughfare and property sizes have been substantially reduced by right-of-way improvements. These considerations shall be applied by city staff, the planning and Deleted portions struck through; added portions underlined 2

5 zoning board and the city commission in reviewing the site plan required under this section. (b) Uses permitted. (1) Professional offices wherein specialized professional services such as the offices of doctor, dentist, chiropractor, osteopath, (excluding group counseling and pain clinics) lawyer, engineer, architect, chiropractor, osteopath, insurance agent or real estate broker are provided. (2) Residential dwelling(s). Density may not exceed five units per acre provided such units can be permitted under the City of Deerfield Beach Land Use Plan. Efficiencies or transient lodging shall not be permitted. SECTION 3. Section 98-52A DBR, Dixie Business/Residential District, Table A of the City of Deerfield Beach Land Development Code is hereby amended to read as follows: Sec A. DBR, Dixie Business/Residential District. DIXIE BUSINESS/RESIDENTIAL DISTRICT - ALLOWABLE USES TABLE A Allowable Use Street Category City Neighborhood Local Residential development (subject to Broward County residential flex availability) Convenience store (with dispersal limitation) Deleted portions struck through; added portions underlined 3 Main Street C(No ground P floor residential) Main Street Day-care, adult or child C C C Essential services P P P P Street P

6 Fast Food Restaurant (with dispersal limitation) Financial services P C C Funeral home P C Indoor recreation (excluding pool halls) located within a shopping center of at least ten gross acres, or a freestanding building with at least three gross acres. Provided one permitted facility per shopping center. Health and fitness clubs Laundromat Limited business service (see definition) P C Limited personal service (see definition) P C Limited retail sales (see definition) P C Medical clinic P C Mixed-use developments P C C Museums and art galleries P P Assisted living facility, subject to the provisions of section of this Code Office, business, governmental and professional P P P Public park P P P Restaurants (including outdoor seating for not in excess of 12 patrons, over 12 conditionally) Schools (public/private/arts and vocational) C C C Substance abuse treatment facility licensed or required to be licensed pursuant to F.S (18). Theatres P C P P P P P C C C SECTION 4. Section (b) and (c) B-1 Business, Community of the City of Deerfield Beach Land Development Code is amended to read as follows: Sec B-1 business, community. Deleted portions struck through; added portions underlined 4

7 (b) Permitted uses. The following uses shall be permitted principal uses in the B-1 district. (1) Alcoholic beverage establishment - off premises consumption only; (2) [Reserved]; (3) Clinic, medical; (4) Financial institution; (5) Office, business, government, and professional; (6) Public park and recreation area; (7) Restaurant (including outdoor seating for not in excess of 12 patrons unless specified otherwise in this Code); (8) Store, convenience goods; (9) Store, retail (excluding stores which sell firearms or ammunition for firearms); (10) Store, personal service; (11) Store, business service; (12) Shopping center (consisting of permitted or approved conditional uses as contained herein); (13) Theatre; (14) Health and fitness club; (15) Funeral home; (16) Animal hospital; (17) Amusement center (subject to the restrictions contained herein within Code Section ); (18) Laundromat; (19) Marina; (20) Laboratory, medical/dental; (21) Parking facility, commercial; (22) Parking facility, public; (c) Conditional uses. Upon application and after a favorable determination by the board of adjustment or the city commission (where the conditional use is part of the site plan application) that all conditions and provisions of a conditional use have been met, the uses listed below may be permitted as conditional uses in this district. In addition to any provisions listed herein, all proposed conditional uses shall comply with the requirements of this code, be heard and decided by the board of adjustment zoning appeals special master (or city commission where applicable as part of a site plan) as set forth herein and be consistent with the goals, objectives and policies of the city's comprehensive plan. For conditional uses b,k, j and l k, (when the use is part of a proposed site plan), the Deleted portions struck through; added portions underlined 5

8 following additional conditions shall be required to be satisfied: (1) The property line of the lot or parcel on which any building devoted to the use is located is at least 100 feet from residentially zoned property; except for hotels and motels which may be less than 100 feet from residentially zoned property. (2) Sufficient area exists for interior traffic circulation to avoid any stacking of vehicles attempting to park or, in the case of a hotel or night club, to avoid stacking where valet parking may be used. (3) The noise level measured from any residentially zoned property shall not exceed 45 db for any continuous period of three minutes. a. Dwellings, multiple family provided that: 1. Less than 50 percent of the building is utilized for residential purposes; 2. Dwelling units conform to the requirements of the RM-15 districts; 3. Dwellings are not on ground floor. b. Hotels and motels subject to the dimensional requirements of the RM-25 zoning district. Density is limited to 38 dwelling units per gross acre; c. Hospital dc. Child and adult day-care centers; ed. School; fe. School, arts; gf. School, vocational; hg. Assisted living facilities, subject to the provision of section of this Code. Building height shall not exceed 45 feet. All other dimensional requirements are the same as RM-15 zoning district. Density requirements are the same as RM-15 zoning district; ih. Motor vehicle display showroom and sales provided all motor vehicles must be located within a completely enclosed building. There shall be no outside storage, no outside display nor outside parking of any vehicles which are offered for sale. Provided further there shall be no vehicle repair work, no vehicle service, no vehicle painting, and no vehicle detailing or other vehicle work of any kind or nature, permitted on the premises either inside or outside the building; ji. Nightclub; kj. Alcoholic beverage establishment, on premises consumption; lk. Indoor recreational facilities (excluding pool halls) located within a shopping center of at least ten acres in gross land area, or a freestanding Deleted portions struck through; added portions underlined 6

9 building with at least three acres gross area; provided that only one such facility shall be permitted in any shopping center; ml. Club, private/public; nm. Drive up booths for the retail sale and installation of automotive windshield wiper blades; on. Outdoor seating in excess of 12 for a restaurant (seating not contained within a fully enclosed building); po. Church or other house of worship; q. Substance abuse treatment facility licensed or required to be licensed pursuant to F.S (18). SECTION 5. Section 98-54(b) of the City of Deerfield Beach Land Development Code is hereby amended to read as follows: Sec B-2 highway business. (b) Permitted uses. The following uses shall be permitted principal uses in the B-2 district: (1) Alcoholic beverage establishment - off-premises consumption only; (2) Automobile gas station; (3) Automobile service station; (4) Church or other house of worship (not located in a shopping center); (5) Clinic, medical; (6) Financial institution; (7) Fire and police stations; (8) Hotel and motel, subject to the dimensional requirements of the RM-25 zoning district. Density is limited to 38 dwelling units per gross acre; (9) Office, business and professional; (10) Public park and recreation area; (11) Restaurant (including outdoor seating for not in excess of 12 patrons unless otherwise specified in this Code); (12) Store, convenience; (13) Store, retail (excluding stores which sell firearms or ammunition for firearms); (14) Store, personal service; (15) Store, business service; (16) Shopping center consisting of permitted or approved conditional uses as contained herein; (17) Essential services; (18) Theatre; Deleted portions struck through; added portions underlined 7

10 (19) Health and fitness club; (20) Animal hospital; (21) Funeral home; (22) Boat sales; (23) Marina; (24) Amusement center (subject to the restrictions contained herein within Code Section ); (25) Laundromat; (26) Laboratory, medical/dental; (27) Parking facility, commercial; (28) Parking facility, public; (29) Substance abuse treatment facility licensed or required to be licensed pursuant to F.S (18) licensed pursuant to F.S (18). SECTION 6. Section 98-55(b) B-3 General Business of the City of Deerfield Beach Land Development Code is hereby amended to read as follows: Sec B-3 general business. (b) Permitted uses. The following uses shall be permitted principal uses in the B-3 district: (1) Building materials supply/distribution to the trade - (includes, but not limited to, hardware, lumber, millwork, plumbing); (2) Printing; (3) Trade shops: metal work, woodworking, plumbing, roofing, electrical, and associated building trades; (4) Store, retail (in accordance with land use plan limitations); (5) Essential services; (6) Lawn service; (7) Commercial bakery; (8) Exterminator; (9) Medical or dental lab; (10) Offices, business and professional; (11) Warehouses; mini-warehouses; (12) Wholesale trade; (13) Boat repair; Deleted portions struck through; added portions underlined 8

11 (14) Plant nursery; (15) Automotive services; (excluding repair, mechanical, paint and body); (16) Marina; (17) Commercial kitchen; (18) School, vocational; (19) Building cleaning and maintenance services; (20) Substance abuse treatment facility licensed or required to be licensed pursuant to F.S (18); (201) Sports performance training facility; (212) Indoor recreation, provided: a. The location, design, and operation of an indoor recreation shall not adversely affect the continued use, enjoyment, and development of adjacent properties. In considering this requirement, particular attention shall be focused on noise, pollution, and traffic; b. The use is [in] accordance with the land use plan limitations; c. Alcoholic beverage sales may not be permitted as an accessory use. SECTION 7. Section 98-55A(b) OP Office Park of the City of Deerfield Beach Land Development Code is hereby amended to read as follows: Sec A. - OP, office park. (b) Permitted uses. The following uses shall be permitted principal uses in the OP district: (1) Banking and financial institutions; (2) Business, professional, administrative offices; (3) Commercial schools (art, music, theatrical, business and technical); (4) Educational, scientific, and industrial research facilities; (5) Essential services; (6) Fire stations; (7) Government offices; (8) Hospitals; (9) Hotels and motels; (10) Medical and dental laboratories; (11) Recording or broadcasting studio (music, radio, television, film); (12) Research laboratories; (13) Specialty Hospitals. Deleted portions struck through; added portions underlined 9

12 (13) Substance abuse treatment facility licensed or required to be licensed pursuant to F.S (18). SECTION 8. Section 98-60(b) CF, Community Facilities of the City of Deerfield Beach Land Development Code is hereby amended to read as follows: Sec CF, Community facilities. (b) Permitted uses. The following uses shall be permitted principal uses in the CF district: (1) Auditoriums; (2) Cemeteries; (3) Church, or other house of worship; (4) Fire stations; (5) Government offices; (6) Hospitals; (7) Libraries; (8) Museums, art galleries (which do not regularly sell art work which is displayed); (9) Public parks and recreation areas; (10) Schools; (11) College or university research and development parks operated in accordance with Chapter 159, Part V, Florida Statutes; (12) Transportation terminals; (13) Waste and water treatment facilities; (14) Essential services; (15) Cultural and/or civic centers; (16) Gymnasium; (17) Amphitheaters; (18) ALF, subject to the provisions of section of this Code; (19) Substance abuse treatment facility licensed or required to be licensed pursuant to F.S (18). (19) Specialty Hospitals. SECTION 9. Section 98-63(b) TOD, Transit Oriented Development of the City of Deerfield Beach Land Development Code is hereby amended to read as follows: Sec TOD, transit oriented development. Deleted portions struck through; added portions underlined 10

13 (b) Permitted uses. General categories of permitted uses for each TOD must be specified in the permitted uses section of the Future Land Use Element of the Comprehensive Plan. The following uses shall be permitted principal uses in the TOD district: (1) Child and adult day-care centers; (2) Clinic, medical; (3) Dwelling, multiple-family; (4) Essential services; (5) Financial institution; (6) Health and fitness club; (7) Home occupation subject to the provisions of this Code; (8) Office, business, government, and professional; (9) Outdoor kiosks for the following: retail sales, food, refreshments, and information; (10) Public park and/or recreation area; (11) School; (12) School, arts; (13) Store, business service; (14) Store, personal service; (15) Townhouses; (16) Transit station; (17) Substance abuse treatment facility licensed or required to be licensed pursuant to F.S (18). SECTION 10. Schedule B, Off-Street Parking Requirements of the City of Deerfield Beach Land Development Code is hereby amended to read as follows: (20) Hospitals, sanitariums, and convalescent homes and medical facilities that provide for abortion operations One space for each patient bed plus four spaces for each doctor, and one space for each 250 square feet of floor area. (21) Hospital, Specialty- One space for each two patient beds and one space for each 400 square feet of remaining floor area. Deleted portions struck through; added portions underlined 11

14 (221) Hotels, motels and motor inns- One parking space per room plus 50 percent of the required parking attendant to any accessory use. (232) Indoor recreation, excluding bowling alleys and shooting ranges- One space for each 150 square feet of gross space or one space for each four seats of facilities available for patron use, whichever is applicable to the facility. (243) Kindergarten, day nursery, pre-school or adult day care center- One space per each employee or assistant plus one space for each ten adults or children licensed to be enrolled (with a minimum of five such additional spaces). (254) Libraries, museums, art galleries- One space for each four seats or each 200 square feet of customer service area as applicable to the facility. (265) Manufacturing, industrial and commercial concerns not catering to the general public- One space per every 500 square feet of floor area (first 10,000 square feet), plus one space per each 1,000 square feet over 10,000 square feet. (276) Marinas-One parking space for every five dry slips and one parking space for every three wet slips. (287) Medical (includes chiropractic and osteopathic) or dental offices or clinics- One parking space for each 50 square feet of floor area used for group counseling or treatment and one parking space for each 200 square feet of remaining floor area. Four spaces for each doctor and dentist plus one space for each 300 square feet of floor area used for office purposes. (289) Night club One space for each 30 square feet of customer service area plus one space for each 400 square feet or fraction thereof, of other area and one space per each two lineal feet of bar. (2930) Offices, office buildings One space for each 250 square feet, of gross floor area. (301) Outdoor storage and salvage yards One parking space per 400 square feet of gross floor area, plus one space per 5,000 square feet of outside storage area, plus one space per truck, trailer etc. used in conjunction with the business. (312) Police station and fire station One and one-half spaces per person on duty on a normal shift plus one space for each vehicle in fleet plus public parking as determined by the planning and zoning board and city commission. (323) Post office Four spaces per each 1,000 square feet of gross floor area. Deleted portions struck through; added portions underlined 12

15 (334) Recycling, transfer station One space per every 500 square feet of floor area (first 10,000 square feet), plus one space per each 1,000 square feet over 10,000 square feet. (345) Restaurants, eat-in or take-out One space for each 50 square feet of customer service area plus one space for each 400 square feet, or fraction thereof, or other area. (356) Rooming or boarding house, dormitories One space for each two bedrooms. (367) School, arts One space per 300 square feet of floor area. (378) School elementary and middle One per classroom and one for every five seats in auditorium or main place of assembly. (389) School, senior high Two-tenths space per student plus one space per each staff member employee, plus one for each four seats in auditorium and other places of assembly or facility available to the public. (3940) School, vocational Five spaces per room used for administrative offices, plus on space per 50 square feet of space used for instruction. (401) Self-service storage facility One parking space for each 5,000 square feet of floor area for storage use, plus one parking space for each 200 square feet of floor area for management office use. (412) Shooting ranges (indoor) One parking space for each 250 square feet of gross floor area, plus parking as required for other uses on site. (423) Sports performance training facility One parking space for each 500 square feet of gross floor area. (434) Truck and heavy equipment repair One space per 500 square feet of gross floor area including service bays, wash tunnels and retail areas. (445) Theaters, auditoriums, cultural and or civil centers, or places of assembly One space for each four seats or each 200 square feet of customer service area as applicable. (456) Uses not specifically mentioned The requirement for off-street parking for any uses not specifically mentioned in this article shall be the same as provided in this article for the use most similar to the one sought. (467) Warehouses, min warehouses (dead storage only) One parking space for each 750 square feet of gross floor area of the building. (478) Wholesale stores, distribution and furniture stores One parking space for each 500 square feet of floor area of the building. SECTION 11. It is the intention of the City Commission and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the City Code of the City of Deerfield Beach, Florida, and the sections of this ordinance may be renumbered to accomplish such intent. Deleted portions struck through; added portions underlined 13

16 SECTION 12. If any word, phrase, clause, sentence, or section of this ordinance is for any reason held unconstitutional or invalid, the invalidity thereof shall not affect the validity of any remaining portions of this ordinance. SECTION 13. That this ordinance shall be in full force and effect immediately upon its passage and adoption. PASSED 1ST READING ON THIS DAY OF, 2013 PASSED 2ND READING ON THIS DAY OF, ATTEST: JEAN M. ROBB, MAYOR ADA GRAHAM-JOHNSON, MMC, CITY CLERK Deerfield/Ordinances/ Business Districts Uses 6/19/2013 Deleted portions struck through; added portions underlined 14

17 PLANNING AND ZONING BOARD CITY OF DEERFIELD BEACH, FLORIDA August 1, 2013 MINUTES OF A MEETING A regular meeting of the Planning and Zoning Board of the City of Deerfield Beach, a municipal corporation of Florida, was called to order on the above date at 7:00 p.m. in the City Commission Chambers by Todd Drosky, Chairman. Roll Call showed: CALL TO ORDER AND ROLL CALL Present: Todd Drosky, Chairman Ray Lavoie, Vice Chairman Brian Bennett Clayton Thomas Charles Laser, Alternate Kathy Maggi, Alternate Also Present: Marcia Stevens, Chief Planner, Long Range Planning Amanda Martinez, Chief Planner Andrew Maurodis, City Attorney Vernadette Fuller, Minutes Secretary Absent: John Hillman Brett Roy, Alternate SEATING OF ALTERNATE Mr. Laser was seated to serve at tonight's meeting. OLD BUSINESS PUBLIC HEARING - LAND DEVELOPMENT CODE AMENDMENT (tabled July 11, 2013) Applicant: CITY OF DEERFIELD BEACH Proposal: Amending various sections of the Land Development Code relating to: definitions of alcholic beverage establishments, medical clinics, group counseling/treatment, hospital, and special hospital; clarification ofuses permitted/not permitted in RSO zoning, permitting hospitals and specialty hospitals on in OP and CF zoning; modifying parking requirements for hospitals and medical clinics, and adding parking requirements for speciality hospitals. SUMMARY BACKGROUND/EXPLANATION In response to requests from several of the Commissioners over the past few months, the City Attorney and Planning staff are proposing several amendments to the Land Development Code aimed at improving the compatibility of commercial and residential uses; the changes also provide for the consistency in treatment of similar uses. The amendment also includes substance

18 abuse treatment in the medical treatment facility category, and includes corrections to typographical errors. REQUESTED ACTION: Recommendation to the City Commission on the proposed ordinance. Andrew Maurodis, City Attorney, advised that the proposed Ordinance includes a series of changes that were intitiated several months by the City Commission. The main theme is to provide compatibility so the uses will be more focused towards eliminating impact during the evening hours because of the proximity to residential properties. He noted that the aim is to treat all like uses in the same way and therefore some definiitonal changes were made. This change, he said, will make for a more cohesive zoning system on Federal Highway. Also, he pointed out that the parking requirements were changed because in some areas they were too stringent. Chairman Drosky invited the public to speak for or against the application. Christina Bilenki, attorney, representing Deerfield Florida House, read a letter into the record on behalf of Attoney James K. Green which reads: "Dear Planning and Zoning Board Members: Scott Backman and I are lawyers representing Deerfield Florida House, a substance abuse treatment facility. We write to comment on the proposed amendments to dramatically reduce the zoning districts where the City of Deerfield Beach will permit substance-abuse treatement facilities ("SATFs") to operate. The proposed amendments would eliminate SATFs with overnight stays and capture them in a new definition called "Hospital, speciality." The proposed amendments would also eliminate SATFs as permissible uses in six zoning districts, namel the B-1, B-2, B-2, DBR and TOD districts. The proposed amendments would allow Specialty Hospitals in only two districts, the CF and OP districts. This letter will address why federal law gives civil rights protection to people in recovery from substance abuse, and then make a request of you. Why are people in recovery a protected class under the Fair Housing Act and the Americans with Disabilities Act? In 1988, President Reagan signed a law expanding the Fair Housing Act of 1968 (the "FHA") to protect people with handicaps from housing and zoning discrimination. The FHA definition of"handicape" includes people with developmental disabilities, physical impairments, persons who test positive for HIV, alchololics, and persons recovering from addiction to an illegal drug as long as they are not currently using illegal drugs. Other disability rights laws, such as the Americans With Disabilities Act ("ADA"), use this same definition for the term "disability." Because of the expressed preference of people with disabilities for this latter term, this letter will use "disability" instead of "handicap." Why would a conservative like Ronald Reagan want to protect people in recovery? President Reagan was serious when it came to his opposition to illegal drugs. He and his wife sought to reduce the use of illegal drugs through the Just Say No Drug Awareness campaign, an organization Nancy Reagan founded as first lady. In a 1986 address to the nation, the president said, "While drug and alcohol abuse cuts across all genertions, it's especially damaging to the young people on whom our future depends. Drugs are meaning our society. They're threatening our values andundercutting our institutions. They're killing our children." However, while the Reagan administration was tough on enforcement, it also was equally committed to supporting treatment and recovery. Treatment and recovery programs involve detox, followed by 28-day treatment programs, and then recovery residences where every resident was comitted to sobriety. The Reagan administration learned that one of the biggest barriers to substance abuse treatment programs were local zoning restrictions, which was why it supported expanding the protections of the FHA. The City of Deerfield Beach's proposed amendments to reduce the zoning districts where overnight substance abuse treament programs are permitted and prime examples of local zoning restrictions the Fair Housing Act was intended to prohibit. The proposed amendments will greatly reduce the availability of overnight treatment programs, not less. The City of Deerfield Beach has not provided justificaiton for the proposed amendments. On behalf of Deerfield Florida House, we urge you to recommend

19 against reducting the zoning districts where SATFs are permitted to operate." Sincerely, James K. Green. Motion was made by, Mr. Laser and second by Mr. Thomas to close the public hearing. The motion CARRIED unanimously. Mr. Bennett stated that there seems to be some serious charges in the letter and asked City Attorney Maurodis if the proposed ordinance in anyway unfairly restricts the zoning for substance abuse centers. City Attorney Maurodis replied no, and all types of treatments are treated the same in each zoning districts. He said that they will review case law and Attorney Green's letter because it is not the City's goal to discriminate against disabled person's of any kind. Chairman Drosky pointed out that the proposed ordinance is not for substance abuse, but a house cleaning ordinance with respect to the compability provision that was inserted into the code. Motion was made by, Vice Chairman Lavoie and second by to approve the proposed amendment to the Land Development Code. The motion CARRIED unanimously.